WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. PARTIES WESTERN AUSTRALIAN POLICE UNION OF WORKERS, APPLICANT v. THE HON. MINISTER FOR POLICE, RESPONDENT CORAM COMMISSIONER J F GREGOR DELIVERED FRIDAY, 2 MARCH 2001 FILE NO CR 15 OF 2000 CITATION NO. 2001 WAIRC 02216 ____________________________________________________________________________ Result Dismissed Representation Applicant Mr S. Smith and later Ms R. Sackville- Minchin appeared on behalf of the Applicant Respondent Mr P. Kelly and later Mr D. Eacott appeared on behalf of the Respondent ____________________________________________________________________________ Reasons for Decision. 1 On 27th January 2000 the Western Australian Police Union (WAPU) applied to the Commission for a conference pursuant to s.44 of the Industrial Relations Act, 1979 (the Act) concerning a dispute with the Hon Minister for Police (the Hon Minister) over safety and welfare issues associated with the operation of single officer police stations throughout Western Australia and in particular the Yalgoo police station. 2 Later in these Reasons for Decision I will review in some detail the events surrounding the disposal of that application but for the time being suffice to say the dispute raised was not resolved by conciliation and in due course on 19th April 2000 the Commission made a Memorandum of Matters for Hearing and Determination (the Memorandum) under s.44 of the Act of the dispute that remained to be resolved between the parties. The dispute is delineated in the schedule to the Memorandum which follows— “The Western Australian Police Union of Workers (WAPU) claims that it has received numerous com- plaints from its membership concerning Welfare, Safety and Duty of Care issues associated with the operation of single officer Police Stations. There have been two conferences between the parties in an at- tempt to conciliate the issues but agreement has not been reached Proceedings concerning Yalgoo Police Station re- sulted in several improvements following recommendations or observations by the Commis- sion. However, the WAPU says those improvements failed to resolve the fundamental Duty of Care issue and the Minister should be ordered to appoint an additional residing Police Officer at the Yalgoo Po- lice Station. The Western Australian Police Union also believes that two other Police Stations, Gascoyne Junction and Dwellingup have the same Welfare, Safety and Duty of Care issues as Yalgoo and seek orders that The Hon. Minister of Police be ordered to appoint an additional residing Police Officer at each of those Police Stations. The respondent says the deployment of members of the Police Force is the prerogative of the Commis- sioner of Police and objects to the issue of any order.” [File No CR15 of 2000] 3 The Commission conducted inspections in the surrounding districts and at each of the police stations named in the Memorandum. The matter was completed by the hearing of further evidence and final submissions from the parties on 30th January 2001. The evidence collected will be summarised and reviewed later in these Reasons, as will be the submissions made on 30th January 2001. 4 First though a proper understanding of the issues that are raised in the Memorandum is assisted by a review of the history of similar claims before this Commission. The review that follows is not exhaustive of all the issues relating to the safety of police officers that have been brought before this Commission, but will give an indication of the important events that have been reviewed and debated. The first relevant matter was in proceedings to amend the Police Award No. 2 of 1996 (the Award) which was before then Senior Commissioner E R Kelly on 23rd November 1979. In his judgment [(1980) 60 WAIG 123] the Senior Commissioner commented on the extensive inspections which were undertaken throughout the State in dealing with a number of issues. One of which was a claim that in specified areas and at specified times ‘[that]…employees not be rostered to patrol alone’. The Reasons for Decision record that the parties met in conference and had been able to reach agreement in principle in relation to the question of one man patrols, but were unable to agree upon the terms of the circular to be promulgated. It is reported that after lengthy discussion the Senior Commissioner was able to persuade the parties WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 81 W.A.I.G. 922 to agree to the terms of the circular to be issued. It was, and it is in the following terms— “A claim by the Police Union to amend the Award by prohibiting one man patrols after dark, on major highways, and in remote areas was not acceptable to the Commissioner or the Chief Executive officer. However, the parties have conferred and recognise that there are times when patrols are better carried out by two or more officers, and with this view in mind the following instruction is promulgated. “Where in the opinion of a district or regional of- ficer in charge of a station or section, an officer patrolling alone could be exposed to unacceptable danger on the basis of known or likely risk factors, he shall arrange for that officer to have adequate support for his protection, unless such support is not available”. Please have this instruction circulated through your area of responsibility.” (1980) 60 WAIG 123 5 The significance of the agreement was that the decision making concerning whether a patrolling officer would be exposed to unacceptable danger resided in the opinion of the District or Regional Officer In Charge of the station or section. By implication that District or Regional Officer was required to provide adequate support unless such support was not available. In short the decision whether a duty caused exposure to unacceptable danger was one for management, one entirely within the hands of the senior officer. 6 The matter was next aired before the Commission as a result of the s.44 notification between the Western Australian Police Union of Workers and The Honourable Minister for Police No. C167 of 1984, by that application the WAPU had sought a conference to discuss the question of the Minister’s policy regarding safe working conditions for police officers required to work alone. A series of conferences, presided over by Commissioner G L Fielding, took place on the 17th April, 17th May and 11th July 1984. After extensive discussions the parties reached an agreement that the Commissioner of Police would issue an instruction promulgating the policy to be applied for the provision of support to police officers patrolling alone. Exercising powers under s.44 the learned Commissioner made a Memorandum of the terms of the agreement to be embodied in a general instruction to be issued by the Commissioner of Police. The Memorandum is as follows— “POLICE PATROLS. Arising from conferences before Mr Commissioner Fielding of the Western Australian Industrial Com- mission and further to previous instructions issued on October 25, 1979 and re-issued on July 14, 1983, it is again brought to notice that the following policy is to be adopted. Where in the opinion of any Regional or Divisional Officer or Officer In Charge of a Branch, Section, Station or Squad, a police officer patrolling alone could be exposed to danger on the basis of known or likely risk factors, he will arrange for that officer to have proper and adequate support for his protec- tion, unless such support is not available. It is impossible to avoid the unforeseen possibility of a lone police officer being suddenly confronted with a dangerous situation. This may also apply to situations where there are tow officers together and they will require additional support for their safety. However, a real and genuine effort is to be made throughout the State by Regional and Divisional Officers and by Officers In Charge for police offic- ers on patrol to have proper and adequate support in the performance of their duties. In particular, there should be a recognition of potential dangers for po- lice officers patrolling alone at night.” (1984) 64 WAIG 1350 The agreement notes that the 1979 instructions had been re-issued again in 1983 and there again brought to notice. 7 The last paragraph is different from the preceding instructions and is relevant to these proceedings, it requires that Regional and Divisional officers and Officers In Charge are to make a real and genuine effort to provide proper and adequate support to police officers who are performing duties alone. In particular that there should be a recognition of the potential dangers for police officers patrolling alone at night. Management responsibility for safety is highlighted by this agreement which was embodied in a general instruction issued by the Commissioner of Police. 8 The next time the issue of safety of police officers working alone at a country police station was brought to this Commission was in Application No. C325 of 1998 Western Australian Police Union of Workers and The Hon. Minister of Police. This matter arose after Station Instruction No 15 of 1998 was issued to police officers at Geraldton who then had raised concerns associated with both safety and operational aspects. The instruction was issued in the context of the Memorandum of Agreement made before Commissioner Fielding in Matter C167 of 1994 and which outlined the policy for implementation in operations involving single officer patrols. In the Geraldton matter the WAPU submitted that factors such as environment, change of attitude by the public towards enforcement of law and order, a dramatic increase in assaults upon police officers in Geraldton and other areas had substantially changed since 1984 when the agreement was made. The WAPU sought an urgent conference together with site inspections to assist in resolving the issue. 9 The Commission conducted conciliation proceedings in Geraldton. These proceedings were attended by every police officer on the establishment at Geraldton except for a small shift staff who remained on duty. Each officer was given the opportunity to address the Commission on their concerns regarding safety. As a result recommendations were made by the Commission to the Commissioner of Police. The recommendation was issued as part of a s.44 proceeding and will not be incorporated here, but essentially it was suggested to the Commissioner of Police that during a trial period of 2 months that foot patrols in the central business district of Geraldton occur as required in Station Order 15 of 1998 but van patrols be manned by two officers during that period. Officers on shift would be required to report in writing any incident they believed resulted either in an unsafe working situation or had the potential to do so and these would be reviewed weekly by the Acting District Superintendent. 10 The recommendation was rejected by the Commissioner of Police, the parties had further discussions and appeared before the Commission again on 18th December 1998 when the Commission issued a Memorandum of Terms of Agreement pursuant to s.44(8)(d) of the Act. The substance of the agreement was very similar to the original recommendation made by the Commission on site in Geraldton. The agreement, formal parts omitted follows— NOW THEREFORE pursuant to the powers vested in it by s.44(8)(d) of the Industrial Relations Act, 1979, the Commission does make, file and sign the following agreement— Station Order 15/98 is withdrawn At the discretion of the Officer in Charge and hav- ing regard to the safety of officers consistent with the memorandum of understanding issued by Mr Commissioner G Fielding on July 11, 1984, single officer foot and van patrols will be conducted in Geraldton subject to the following considerations— • Single officer foot patrols will generally be re- stricted to the CBD. • Where deemed necessary by the OIC foot patrols maybe conducted in other than the CBD. This may include but is not restricted to football matches, fetes, shows, crime target areas, speed- way and the like. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 923 81 W.A.I.G. • Where van patrols will invoke tasking the OIC will provide two officers per patrol. There will however be occasions when this is not possible and there will also be occasions where more than two officers may be necessary to resolve a situa- tion. • The final decision in all circumstances will rest with the OIC or in his absence the shift supervi- sor.” 11 The next time the Commission became involved in single officer police station safety concerns was when it commenced to deal with Application No. C15 of 2000, the originating application for this reference. The Commission sat at Yalgoo, it conducted inspections and interviews of interested persons. On the following day it issued to the parties notes and observations and some suggestions. To understand the situation as it was in Yalgoo prior to the formal hearing of this matter I have decided that it is in the public interest to publish those notes and observations which follow— “The Western Australian Police Union of Workers (WAPU) notified the Commission of a dispute with The Hon. Minister for Police (the Minister), relat- ing to issues associated with the operation of Single Officer Police Stations within Western Australia and in particular the Yalgoo Police Station. Yalgoo is located 200 kilometres inland from Geraldton. It is manned by one police officer about whom the WAPU has serious concerns relating to safety and welfare. In particular these concerns are— • The isolation of Yalgoo Police Station; • The standard of communications; • The inevitable delay in back-up from neighbour- ing Police Stations; • Security aspects of the current OIC quarters; and • Lack of support to take regular leave. At a briefing on arrival at Yalgoo the parties were informed that the Commission would conduct inspec- tions and view the work and physical conditions. They were invited to arrange the inspections to in- clude areas they wished the Commission to view. The Commission said it was not its intention to make any recommendations or issue any orders but to form an impression of the circumstances under which the Officer in Charge works in Yalgoo and make some observations that may be of assistance to the par- ties in future discussions. Among others, the Commission interviewed Senior Constable Needham (the OIC) and his wife, District Inspector Gary O’Meara, Sergeant Ron Pace. The Commission was invited to and met the Chief Ex- ecutive of the Shire of Yalgoo and had discussions with the Publican. The Commission accompanied Senior Constable Needham on a number patrols made over the 24 hour period and had a continual round of discussions with other people who could supply information concern- ing policing at Yalgoo. In summary the circumstances confronting Policing in Yalgoo are these— There are 90 indigenous people and 12 caucasians who are permanent residents. Yalgoo is a regular stopover for indigenous people travelling around the Murchison. The town is visited every fortnight or so by, up to 100 people, who will stop overnight. De- pending upon when the visits occur they are accompanied by excess consumption of alcohol and drugs. There are regular and violent confrontations amongst the indigenous people. The permanent towns-people consist of a number of families who have been feuding for many years. There are also regular domestic arguments which need to be attended by police. Last year Senior Constable Needham suffered a se- vere assault which resulted in him being hospitalised. He received a commendation for his conduct on the night concerned, however, it is clear from informa- tion gathered on the visit that the style of Policing in Yalgoo has changed since that event. Police pres- ence is less obvious for instance, the publican says ‘no police officer has visited the Yalgoo Hotel for the past three months’. When there are disturbances at the hotel the publican does not call the police, he deals with the matter himself. The Chief Executive Officer of the Shire also commented on lack of an obvious police presence. Any reliefs for the OIC are arranged through Mt Magnet Police Station. The OIC of Mt Magnet Po- lice Station told the Commission, “No Officer will attend a relief at Yalgoo voluntarily, they all have to be ordered to do so”. Sergeant Pace said he fully understood the reasons why officers do not like go- ing to Yalgoo. Those reasons are clearly associated with perceptions of lack of safety. As a result of an incident in the town and complaints by the Shire about the lack of police presence, the Regional Commander has ordered that there must be a police officer in the town at all times. Prior to this order, the OIC was able to go to the coast on weekends. This avenue of relief is no longer avail- able. The order of the Regional Commander has been implemented by orders from the District Inspector that it is up to the OIC to arrange his own relief. If no officer voluntarily agrees to provide cover the OIC is to advise the District Inspector who would then order relief. This is an unsatisfactory situation for the reasons I will set out below. The above is sufficient background for the comments I now make— It is clear that there are serious Duty of Care obli- gations which are not being met by the Minister. The OIC is regularly subject to dangerous situations out- side the normal scope of policing. He has no back up in the town. If anything happens to him he has to rely on his wife for communications to summon back up. If back up is required it is said to be, ‘at least an hour away’. From conversations with Sergeant Pace it is clear that it would be the exception that the back up could arrive within an hour, more likely it would be an hour and a half to two hours by the time rein- forcements could reach Yalgoo. Radio communication is so bad that if the OIC called for assistance it is more likely than not that his wife would not be able to hear the call if he was more than a few kilometres away. The situation is unsafe and this needs to be addressed as a matter of urgency. Issues of safety and security arise with the quarters. The quarters are open to the public. On a number occasions persons have entered the building and have had to be ejected by the wife of the OIC. On at least six occasions the OIC has arrested intruders on the property when they have come to fight him. The next issue concerns weekend leave. It is clear that the opportunity for rest and recreation is non- existent in Yalgoo. The effect of the order for constant policing in the town is that the OIC is not able to get relief from the environment in which he has to oper- ate. It is a management responsibility to ensure that reliefs are provided allowing adequate respite leave for the OIC. Where officers refuse to go to Yalgoo voluntarily and have to be ordered, to place the bur- den on the OIC of organising his own relief, is not fair. If the OIC asks his colleagues to relieve him and they refuse, then he has to go to the District Inspector and have them ordered to do so. This will lead to friction between officers of the same rank. It is the duty of the managers to ensure that adequate policing occurs in the town and if the order is that there needs to be a police officer present at all times, it is a management responsibility to ensure that oc- curs by issuing appropriate orders. At this stage, I do not intend to make any sugges- tions concerning manning of Single Officer Police WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 81 W.A.I.G. 924 Stations generally throughout Western Australia, nor do I intend to make any formal recommendations concerning Yalgoo. In summary, I suggest— • immediate action be taken to improve communi- cations; • supply back up at a greater level than is avail- able at the moment; • provide adequate relief for the OIC to have regu- lar leave from the town; • improve the security of the OIC quarters.” 12 The notes and observations were issued on 11th February 2000 and on the same day the Commissioner of Police responded through the Police Service Manager Workplace Reform that action had been taken as follows— • A Satellite Communication System will be pro- vided to the Police Officer at Yalgoo and is on order; • A greater level of backup will be available with the combination of relief from both the Mt Mag- net and Mullewa Stations. The Station at Mullewa will shortly be returned to full strength enabling this to occur; • Inspector O’Meara from the Meekatharra Dis- trict will ensure that the Officer in Charge of Yalgoo is permitted to have regular leave from the Town; • Security of the Officer in Charge quarters will be improved significantly with the construction of new quarters behind the Police Station. This will be available for occupancy in June of this year. 13 On 7th March when the WAPU wrote to the Commission to advise that the OIC of Yalgoo Police Station had again been assaulted. The WAPU requested that further proceedings be convened urgently to address the duty of care aspects. A further conference was held on 20th March 2000. At the conclusion of the conference, with the matter still being unresolved, the Commission told the parties it would refer the dispute for arbitration. The representative for the WAPU drew the Commission’s attention to the problems the union had concerning single officer police stations generally and was directed to prepare a statement of issues for the Commission’s consideration. These were submitted on 6th April 2000. Having considered the statement and the matters before it in the conferences the Commission decided to make the Memorandum of Matters for Hearing and Determination in the terms that have been set out above. This meant the dispute dealt with issues relating to Yalgoo to which Gascoyne Junction and Dwellingup were added as the WAPU averred that the same welfare and safety issues raised at Yalgoo existed at those places. It sought orders to appoint an additional residing police officer at each of the police stations. These claims were opposed by the Commissioner of Police who objected to the issue of any order. 14 The Commission preceded to dispose of the matter on 21st June 2000 when it visited Yalgoo to take evidence on oath and conduct further inspections. The format used was the same in each location, the Commission with the cooperation of the parties, which I acknowledge and appreciate, made patrols alone with the Officer In Charge (OIC). During these the OIC was able to point out areas of policing interest in the township and surrounding areas and was given the opportunity to educate the Commission on the way he carried out his policing duties. At the conclusion of the inspections with the OIC there were inspections with the parties. The Commission then conducted a proceeding on the record, during which the parties were given the opportunity to produce sworn evidence and to cross-examine. 15 At the time of the inspections on 21st June 2000 in Yalgoo there was a new OIC. Senior Constable Johnny Hart said he had commenced duties at the town on 17th April 2000. He resided in the quarters with his wife. Senior Constable Hart is a policeman of 24 years experience, he described the demography of the district for which he had responsibility. He told the Commission that the area is about half a million square kilometres, stretching in the south from the Mount Gibson Emu Farm south of the Great Northern Highway through to the Murchison Settlement half way between Mullewa and Gascoyne Junction. The eastern and western boundaries range from Mt Magnet to half way to Mullewa. This area contains over 40 pastoral stations and an operating gold mine. The OIC confirmed that the nearest backup would be from Mullewa and/or Mt Magnet which are both 122 km away. He estimated that if other officers were working and were available, during the day they should reach Yalgoo safely within 45-50 minutes, but at night again if anyone was working and available it would take at least double that time. 16 As for the matters of policing interest he said that trouble makers from outlying stations can come into town on Friday and Saturday nights but the local townspeople usually become involved in activities on Wednesday, Thursday and Friday nights. The intensity of the activities increased coincidental to the date of payment of social service monies. Senior Constable Hart described the current situation in Yalgoo as having a stable permanent population. There were not too many problems, but he confirmed that the number of people in the town was subject to large fluctuations arising from funerals and other cultural activities. Senior Constable Hart observed that on occasions he thought it would be ‘nice’ to have someone watching his back, but when there is no-one he does the best he can. This affected the way he would carry out his duties such as in searching vehicles and the like. 17 Concerning relief he said the policy had changed; he was able to take weekly leave; all he had to do was simply advise the OIC at Mt Magnet or Mullewa of his intention to leave town and they arranged patrols to cover his absence. He said the quality of temporary housing was good. The new police quarters were all but finished and they looked to be of an extremely good standard. He had been supplied with a Global Star Satellite Phone which was very effective, he had never lost a signal at any time. He gave evidence that when a new police officer comes to town local people will test that police officer out in various ways and that is a normal incident of policing. He did not think that there were too many people in town would make themselves available to give a hand if he needed it, he therefore did not rely upon them. He gave evidence that in his long experience it was usual for Senior Constables to have had 10 years in the job before being appointed to a single officer station, unfortunately that had not happened over recent years. More often than not reliefs were very young officers not long out of the Academy. Senior Constable Hart agreed that there was not enough work at Yalgoo for two policemen, but he would like an Aboriginal Police Liaison Officer stationed there, purely on the basis that when he had previously served at Yalgoo most people in town said they were happy that he was there because he is an Aboriginal person. An examination of the station records during both times that he had been in Yalgoo shows there had not been a lot of problems at all. Senior Constable Hart made it clear that if incidents happen in his town he would attend them, assess the situation first and then if he needed he would call for backup before becoming engaged. 18 Evidence was also taken at Yalgoo from Inspector Gary Charles O’Meara who is the District Officer for the Meekatharra police district and has operational responsibility for Yalgoo. Inspector O’Meara is an experienced police officer with extensive country service. He described Senior Constable Hart as an experienced officer and would expect him at all times to have his personal safety uppermost. If adverse situations developed at Yalgoo there are arrangements in the Meekatharra police district through Mullewa and Mt Magnet to give support as needed. Specific orders had been given to Senior Constable Hart concerning his safety. Inspector O’Meara opined that there were policing situations when two police officers would not be enough to contain a problem safely. He had experienced situations when ten officers would not suffice and when that happens a holding operation is WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 925 81 W.A.I.G. conducted until reinforcements arrive. He described that when a public event such as a funeral or a race meeting occurs extra staff can be organised and are. He would expect Senior Constable Hart to get backup if he thought it necessary. Inspector O’Meara would have a police officer either from Mt Magnet, Mullewa or even Meekatharra, be stationed for the duration of the difficulty if need be. To do so was a mere formality. He agreed that problems can flare up and those times can be dangerous for a police officer. He would expect if a dangerous situation occurred that the OIC would disengage, walk away and come back later. He acknowledged that unfortunately sometimes that cannot be done. At such times there is vulnerability but Inspector O’Meara did not expect that a police officer would exacerbate that vulnerability by wading into situations which would put himself in jeopardy. 19 The Commission conducted inspections at Gascoyne Junction where it took evidence from the OIC Senior Constable John Loftus. In his evidence Senior Constable Loftus provided a summary of the events that occurred during the inspection patrol with the Commission. He had been in the posting for 5½ years and had applied for an extension of 3 years when his tenure concluded. As for unusual characteristics of the posting he thought its remoteness and weather were significant. The summer temperature was usually around 45-46 degrees Celsius this makes it important to know and understand the bush if searches are conducted. There are a number of Aboriginal communities in the area and Senior Constable Loftus visited them regularly. As an expression of good intention and respect to the community he invariably did so with no show of firearms. His nearest backup was Carnarvon. If the roads were in good condition it would be 1½—1¾ hours before any backup could arrive. Senior Constable Loftus had made arrangements with local people for support. In addition to his police supplied radio, in his vehicle he carried a UHF CB radio which gave him communications with shire vehicles and other radio stations in the district. He also carried a VHF CB radio. By arrangement an emergency frequency is monitored by pastoral stations. The VHF set also gave Senior Constable Loftus direct communications with an aircraft operated by one of the stations. Using those facilities he can seek assistance from up to 80 km away. 20 As for backup in the town Senior Constable Loftus was confident that if he ever wanted assistance it would be immediately available. However he tried to avoid the situations where he needed to call for civilian help. He had good liaison with the licensee of the hotel who gave him prior advice of any potential trouble. Senior Constable Loftus gave evidence of his community role. He had good relationship with the community including Aboriginal people. He described the community as being very happy. He would have one or two offence reports a year but that he had a general community role. For instance assisting when people were injured, women in labour and attending accidents on stations. On many occasions he liaised with the Flying Doctor and delivered medical aid on the instruction of the Royal Flying Doctor Service doctors. Senior Constable Loftus said that he had no concerns for safety on his long lone patrols through vehicle rollover or serious accidents. He drove according to the road conditions and had never had an accident in his life. 21 The evidence of Senior Constable Loftus was supported by that from Acting Assistant Commissioner Gronow. The Acting Assistant Commissioner made it clear that the fundamental requirement of his police district was that safety of people, and that includes community and police officers, is the first priority. Any officer who required backup would receive it and in remote places the support would be flown in if necessary. The Acting Assistant Commissioner was of the opinion that an important issue in one man police station operational staff was selection but he was vitally aware of the need to look after officers who were working alone. He made the point that Senior Constable Loftus also provides a service to the town. Whether that be as a grader driver, a mechanic, a midwife he was a vitally important presence in the town. The Acting Assistant Commissioner expressed the opinion that all one man police stations should be three man police stations, but that was a personal view. However the reality is that prudent use of available resources made that impossible. If the OIC needed support he would get it, whether that support is permanent would depend upon whether there was justification to make a permanent appointment. In the case of Gascoyne Junction Senior Constable Loftus did the job well by himself. 22 Acting Superintendent Gary Cox also gave evidence. He supported the comments of Acting Assistant Commissioner Gronow. He made it clear that a continual concern of his is to ensure that police officers are safe in remote locations. He had spoken to Senior Constable Loftus on a number of occasions in relation to that matter and he had continuing discussions with local people to keep himself informed. Acting Superintendent Cox had issued specific instructions that OIC was not to go places of policing interest where there was potential for trouble, without support. He said that in situations like the Landal races or other events which were planned, manpower resources were argumented from Geraldton, Carnarvon or Meekatharra. The district office would not hesitate to fly backup police officers if assistance was required. There was a continual scan of the infrastructure required to deliver the policing service to the town and if staff were needed to be shifted from one station to another that happens as a routine affair. 23 The Commission took evidence in Carnarvon from Inspector Bernard Daly who is the Assistant District Officer at Geraldton. He had personal experience as an OIC of a single officer police station in Wittenoom where the nearest backup was 120 km away at Tom Price. He had to rely on his own devices; that usually meant on people within the community to come forward and assist if required. It was essential for a new police officer going to a town to develop good communications. There were lots of police officers who have that ability. Communication with the local publican, shop owners and business people allows an assessment to be made of likely trouble areas and lets the community know how the law is to be upheld. Inspector Daly said that if he was selecting someone as an OIC of a remote station he would want to know the background of the person, make an assessment through peers and superiors and seek anecdotal information about the candidate’s ability to talk to people, get them on side and be able to run policing programs. If an officer had those kinds of abilities Inspector Daly would have no hesitation in appointing him as an OIC. He accepted that it is a management responsibility to select the right people. Selection is difficult sometimes but time should be taken to ensure the person appointed is the best available. Inspector Daly made a comparison of the danger to police officers in a town like Carnarvon with a single officer police station. Single officer police stations, in his opinion could be fraught with danger, but no more or no less than two officers patrolling in a town like Carnarvon on a Friday night. They could become embroiled in the situation where they have no access to their radio because they are out of their vehicle or have otherwise lost the ability to call for backup. Inspector Daly said “[If]…we haven’t the ability to call backup right [away] most fights happen and in three minutes they’re over. If you are standing up you’re the victor. If you’re lying down no matter how quick the backup is around the corner you’re injured. That is the nature of the job.” 24 Inspector Daly made it clear that no-one in the management of the police service wants to put police officers in situations where they may be injured. Officers in the district would know that Acting Assistant Commissioner Gronow is adamant that if there is a situation where they believe they could be injured they are to back off and wait for support. If that support was three hours away, so be it. Sometimes it is possible that a police officer has to deal with the situation at hand but that is the nature of the job. As Inspector Daly put it “that is why we wear these badges”. Inspector Daly opined that in a place like Gascoyne Junction there may be one WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 81 W.A.I.G. 926 time in 12 months when an officer would have to take evasive action because he was unable to quell a situation or it may be that he will have to back off for periods of up to 2 hours until an aircraft arrives with support. Again that is the nature of the job, every person who takes on the mantle of a police officer knows that there is an element of danger to it every day. Inspector Daly agreed with Mr Smith, who appeared for the WAPU, that it would be worthwhile and make common sense to relieve a percentage of danger to appoint additional officers to single officer police stations. That was a matter of assessment for the field commanders to make but ultimately the Commanding Officer would not expect an officer working alone to do anything that was dangerous, he would expect commonsense judgement to be made. The attitude of the Geraldton Police District Command is that if officers require backup, regardless of the expense and the resource required, officers would be recalled and sent to help. Inspector Daly also made the point that if an additional officer was appointed to a single officer police station there was still a continuing problem to cover annual and other leave. In many cases officers would be on their own in any event, and so the basic rules about sensible self protection would have to apply. 25 Proceedings at Dwellingup were conducted on the same format used in the other two locations. In company with the OIC Senior Constable Christopher John Gilmore the Commission was shown places of policing interest in the Dwellingup townsite and then on extensive patrol in the Murray River valley through camping grounds and the river area used frequently by campers. During the patrol test radio calls were made. No communications were possible from the river valley. The permanent population of Dwellingup is around 600 but increases from October through to the last long weekend in April by up to 15,000 people each weekend. These people are present for camping and recreation purposes and create additional policing problems. Senior Constable Gilmore patrols on both sides of the river observing people and detecting disorderly behaviour. Limited assistance is available from Conservation and Land Management (CALM) rangers. Radio communications in the area are all but non existent except in some high locations when there are traces of signal from time to time. Dwellingup police carry a radio on the CALM net, however the contact is with rangers who finish work at 4:00pm. The lack of reliable radio communication is a major concern to Senior Constable Gilmore because he may be confronted with a developing adverse situation in the river valley and would be unable to summon backup. 26 Constable Gilmore related that he had been assaulted by a female who had refused to leave premises and because of that he arrested her. The woman appeared to be violent so he called for backup but it did not arrive before he had to make the arrest. He was injured while making the arrest. He had also been threatened by a drink driver who became violent. The driver told him that he knew that Senior Constable Gilmore was a single officer station, that he could find out where he lived and he would cut the throats of the police officer’s family. When he was appointed OIC he had received no additional training at all. If he needed backup he would either ask his duty Inspector or could make reports to Perth or into specialist units such as the Gallapoli Task Force if he saw the need to do so. If a group came to town and it appeared they would reek havoc on Dwellingup he would seek backup. He said he would not be fearful of going to the recreation reserves on his own, but he did not and could not rely on the CALM rangers, who are untrained in police duties, for any support if there were violent events. He was more concerned with incidents that blew up rapidly and there is no chance to call for backup. In his opinion a second officer should be appointed at Dwellingup. 27 Evidence was also taken at Dwellingup from Acting Inspector Phillip Clews who was also Acting District Officer for the Bunbury District based in Mandurah. He described Dwellingup as having a large tourist population. It would be difficult to police it from Pinjarra given that station’s responsibilities for the highway and traffic. Acting Inspector Clews expressed the opinion that there was an occupational health risk in single officer stations but the answer lays in identifying the risk and appropriately managing it. He conceded that at times the ratio of police to people dropped to one to 8,000 in the Dwellingup area. It was an appropriate management duty to ensure that the risk to the OIC was limited in those circumstances by supplying support to him. It is an over simplification to say that an additional police officer at Dwellingup rectifies the problems at such a place. It does not necessarily alleviate the risk to an officer or officers. Because there are two officers it does not mean the risk would diminish substantially, it depends on time, place and circumstance. It can be said though that additional support allows for a safer environment. 28 Acting Inspector Clews was not aware of radio communication problems mentioned by Senior Constable Gilmore although he had similar experiences in isolated areas where line of site communications are unreliable. He said that this does add an additional dimension to the risk associated with single man officers but complete communications wont necessarily alleviate that risk. 29 When asked to explain his opinion about the minimisation of risk by placing a second officer at the station he said that there might be a reduction but it would not necessarily be a complete alleviation of the risks. The decisions about such things should be made by the appropriate District Officer who has a full picture of resources available. There are a number of considerations including the minimum manning levels which are determined elsewhere and the question of resourcing generally which was in the hands of the Superintendent and other senior officers. He conceded that Dwellingup is growing as a tourist destination and a residential area as the coastal strip becomes more populated. 30 In proceedings conducted in Perth on 30th January 2001 the Commission heard evidence from Inspector Anthony Jarret. Inspector Jarret had been involved in all of the proceedings, attended all of the inspections and assisted the Commission in its investigation activities at each of the towns. 31 Inspector Jarret is attached to the Human Resources Directorate, he is a police officer of 26 years experience which have included General Duties, Criminal Investigation Branch, Officer In Charge at Shay Gap for 3 years and then 7 years at the Criminal Intelligence Bureau. He related his experience working in a single officer police station in Shay Gap and how he had organised the policing of that town. He described the human resources aspects of the selection of a police officer for appointment to a single officer station. He said the attributes to target are integrity, moral and physical courage, fortitude and self reliance, all of these traits are developed over years of service. He described the first 8½ years from appointment till the time an officer becomes a senior constable as a full time ongoing apprenticeship. He also described the partnering system where officers work with experienced persons. Officers who have reached their 9th year of their service are able to apply for appointment to a single officer station. These appointments are popular because it usually leads to accelerated promotion. There is no specific training for police officers working alone but the personal quality of self reliance is very important. At the times when a police officer does have to work alone he needs to be more watchful of his circumstances and become attuned to options that might be important in dealing with an evolving situation. 32 Inspector Jarret gave evidence about a riot in which he had been involved and how the circumstances dictated the necessity to step back and wait for backup. He also said by the same token if a person is in danger it is imperative for the police officer to step in. If the police officer is alone in that situation he must look after himself and if he has to protect life he may have to use some of the force options that are available to him. He has to weigh up the use of those options. They are very rarely used but it is important that as a primary step if it is possible for WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 927 81 W.A.I.G. no-one to be injured or hurt over the situation that is what must be achieved. OIC’s working alone are instructed to ensure their safety and have force options available through their baton, OC spray and firearm. All of these options are available and can be used but it is better to use local alliances instead. If there is still a problem there is backup from neighbouring stations. In Inspector Jarret’s opinion in 99.9% of the times an experienced officer can actually plan ahead. 33 Inspector Jarret analysed research he had commissioned on the number of assaults upon police officers. In 1999- 2000 there were nearly 1,000 assaults and none of those were at single officer police stations. In a sub-set of the statistics, Inspector Jarret examined regional centres Kalgoorlie, Bunbury and Geraldton. There were 200 assaults in 1999-2000, 8 were on officers working alone and 192 on officers working with one or more partners. An examination of the offence reports in single officer police station towns indicated that there is a small number of offences reported. There are currently eight single officer police stations in Western Australia. Around Australia there are nearly 300 , New South Wales has over 100, Victoria the same, in Tasmania 40% of police stations are single officer and South Australia has 50. Enquiries were made in each of the jurisdictions. These revealed there had been no experience of any of the problems concerning danger or inherent danger of the nature that have been examined in these proceedings. Inspector Jarret said that there is a constant review of manpower. When work levels were increased officers are transferred but there is a community expense to be balanced. 34 In summary Inspector Jarret aid that assaults on officers in single officer stations are actually quite rare. There has not been one reported in either of the years 1999 and 2000. In that period one in four police officers reported an assault but none of these incurred at a single officer police station. But even of those in major centres, only 4% of assaults are committed on single officers. The conclusion he drew was that where community partnerships are developed the research indicates that single police officer stations are not any more dangerous than policing in general. In fact the figures seem to support to notion that the policing if anything is more dangerous in larger centres. 35 Deputy Commissioner Operations, Bruce John Brennan, gave evidence. Deputy Commissioner Brennan has been a police officer for almost 36 years. Without reciting the detail his experience is clear that he is one of, if not the most experienced operational police officers in the State. As well as his responsibilities as Deputy Commissioner Operations he sits on many committees, for example technology, Delta reform changes and the establishment control board. He is also on the standing committee of protection against violence. He has worked alone in remote locations on various occasions all over the State. In his opinion the experience of single officer police stations can be repeated in many small multi officer stations when there are a few persons on duty. Quite often officers in multi officer stations are on duty alone. In those a police officer has to be tuned into his circumstance, alert to the likelihood of things that can do him or herself or the community damage. He conceded that it is difficult to work in smaller towns but it was important to become part of the community, to develop friendships to get an understanding of what the community is about. At times it will be difficult or dangerous to do the job, that is when, in Deputy Commissioner Brennan’s experience, the community would give support. Community interaction was critically important and according to the Deputy Commissioner it did and still does work. The Deputy Commissioner was Deputy Principal and later on Principal of the Police Academy and has long experience in the educational philosophy and training of new police officers. He held that the credo of Robert Peel that ‘the police are the other people and the people are the police’ still holds good. The program of Safer WA which involves the Police Service re-engaging with the community to work together is an important extension of this principle. The Deputy Commissioner opined that ‘we police with the permission of the community and with their assistance’. 36 Deputy Commissioner Brennan said that at the Police Academy particular emphasis is given to dealing with situations when police officers work alone. They are taught there were things that should not be done, there are places where they should not go without backup and there are activities they should not engage in unless there is good capable support close at hand. These things must be taught because sometimes events necessitate intervention. The oath of office requires that a police officer act to do his or her duty. They are required to exercise intelligent judgement. If an attempt to exercise authority, results in injury or incapacitation because they intervened too quickly then the officer is unable to perform his function. It is a question of applying a balance, understanding how to read the situation. 37 Evidence was given by Deputy Commissioner Brennan about the Establishment Control Board of which he is the chairman, he described its structure and functions. It examines and reviews staffing on an ongoing basis across all operational policing areas including suburban and country police stations, squads, units, sections and branches. It has to take into account special communities and socio-demographics. It has to factor in circumstances such as change in population levels, policing requirements, new mining operations, fishing fleets and so on. 38 Of country police stations Deputy Commissioner Brennan believes there is more sense of community and feeling of being closer to the communities than there is in the City. He believed that policing is a difficult, demanding and sometimes dangerous vocation, because a police officer never knows when danger is going to arrive. It is dangerous at times without doubt but not all the time. There should be in each police officer an inherent subliminal knowledge that a dangerous situation can arise momentarily. There have been many incidents where police officers have their safety compromised. The Deputy Commissioner gave evidence of what he described as horrific incidents involving two young police officers in Lockridge, he also related a number of other incidents where police officers had been injured. 39 As to the situation at Yalgoo the Deputy Commissioner has been familiar with the town since the 1950s. He said it is a one man station because of the low demand for policing services, it is not a busy centre. The current manning was appropriate in his opinion. It is recognised that the area experienced large influxes of people for cultural events, however it is expected that the District Officer would be advised about these so as he is able to make informed decisions about additional deployment. The issue of manning at Yalgoo has been on the agenda for a number of years, the request has come from the community, the publican and the Shire, There has been various correspondence between the interested parties about the manning levels at Yalgoo. 40 The Commission was told by Deputy Commissioner Brennan that an officer working alone should have interpersonal skills and ability to ‘work’ the community. Community responses vary. It helps if the officer has previous experience with aboriginal communities and other relevant communities. Police officers are taught verbal judo skills the aim of which is to allow situations to cool down, not be inflammatory, saying calming things but a physical presence is useful as well. Ultimately a police officer will be confronted by a person affected by alcohol or demented through a mental illness. In these circumstances there will be no alternative but to introduce physical solutions, they have sprays and batons which can be used. 41 The proceeding is a sufficient recitation of the evidence that was presented to the Commission in this matter. Mr Eacott who appeared for the Hon Minister drew my attention to the question of management prerogative. The law on this is quite clear. It is trite to say that the Commission is to not interfere with management of an WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 81 W.A.I.G. 928 employer of its employees or become itself a surrogate manager. But if an employer, by conduct creates a situation where it is unsafe for employees to do their duty or is otherwise unfair then there is power in the Act to intervene. The summaries of management prerogative case law in AMWU v Robe River Iron Associates in [(1987) 67 WAIG 2] are apposite. On a number of occasions during these proceedings it was submitted that the respondent held the view that there was no role for this Commission in any matter where the Commissioner of Police has made or might make a decision concerning manning or deployment of police officers. In fact the submission has been regularly recited with such fervour that appears that there is a belief that no power, spiritual or temporal can displace the decision of the Commissioner of Police about such matters. 42 In this context mention should be made of amendments to the Industrial Relations Act, 1979 by the passage of the Industrial Relations Amendment Act 2000 (the amending Act), assented to on 4th December 2000. The Parliament by this amendment enacted a new section 115 of the Act relating to Police Officers. In relation to this section a new Schedule 3—Police Officers has application. The effect of the section is that before coming into operation of the amending Act, the Act is taken to have applied to and in respect of a police officer, and to have had effect as if the police officer were an employee and the Minister of Police was an employer. 43 This is achieved by an amendment that on and from the operation of the amendment the Act applies to and in respect of a police officer and has effect accordingly as if the police officer were a government officer within the meaning of section 80C of the Act and similarly as if the Commissioner of Police were an employer within that same section. And for that purpose a reference in the Act to employee is taken to include a reference to a police officer. There are exceptions to the jurisdiction relating to any matter arising from transfer, reduction in rank, suspension for duty, removal, discharge or dismissal. 44 In the second reading speech, Minister Prince told the Parliament that the purpose of the Bill was to ensure that police officers had access through the WAPU to industrial regulation. This is achieved through amendments to the Act that stipulate officers have access to the Public Service Arbitrator (the Arbitrator). The Arbitrator is a Commissioner of the Industrial Relations Commission to whom particular functions are assigned. In short dealing with matters affecting government officers. 45 When that jurisdiction as described in s80C of the Act is discharged, the Arbitrator has jurisdiction under s80E. Subject to Division 3 of Part 2 subsections 6 and 7, an Arbitrator has exclusive jurisdiction to enquire into and deal with any industrial matter relating to a government officer or group of officers generally. 46 In dealing with matters affecting such officers, in this case police officers, the operation of s26 of the Act is important. By this section the Commission is to act according to equity, good conscience and substantial merits of the case without regard to technicalities or legal forms. It is not bound by the rules of evidence and can inform itself in any manner it thinks just. Of particular interest it shall have regard for the interests of the persons immediately concerned, whether directly affected or not and where appropriate for the interests of the community as a whole. The Commission is, in short, required to act fairly but it must have regard to the interest of the individuals affected and the public. 47 The effect of these amendments to the Act is to place police officers in a situation where in this jurisdiction there is no question at all that police officers are entitled as employees to bring matters before this Commission and seek relief from the Commission within its jurisdictional power in any matters relating to their employment relationship other than those that are excluded and which relate in the main to disciplinary issues and dismissal. The general employment laws applicable in this Commission therefore apply to police officers as employees and to the Commissioner of Police and Honourable Minister as an employer. This means if matters are brought to the Commission by police officers or the Commissioner of Police they will be treated by the Commission according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms but with the public interest in mind. Therefore, if for instance, the Commission determines that as an employer the Commissioner of Police is not taking sufficient action to maintain duty of care and as a result the working conditions are unsafe it is empowered on the evidence of the particular matter to award remedies to a complaining party. This may include ordering variations to manning levels. There now can be no doubt about this jurisdiction. There is no similar legislation in any other jurisdiction. Relief can be given subject of course to appeal to the Full Bench of this Commission and ultimately to the Industrial Appeal Court. 48 I have had the opportunity during this case to meet a number of the police officers involved and to spend time with them, having them explain to me their duties. I have been assisted in this task by members of the WAPU and its officers. I have also had similar support from representatives of the Commissioner of Police who have supplied to me their professional advice to assist me to understand the problems that are highlighted in this case and come to a decision in a proper and informed manner. This case has been conducted in a less adversarial way than many others. It has proceeded as an inquiry to assist the inquirer to reach an informed intelligent decision about what ought to be done about the circumstances that are under investigation and set out in the Memorandum of Matters for Hearing and Determination. That Memorandum somewhat simplifies the issue, the complexity of it became apparent during the progress of the case. 49 The issues which were examined are not new, they have been matters of concern since 1978 when the matter was before Senior Commissioner Kelly. At that time the difficulty of arbitrating an answer to the question was overtaken by the parties reaching agreement. The centrepiece of that agreement is one that has been revisited on each time that this matter has been before the Commission and that is ultimately the right to assess the safety concerns of individual officers is in the hands of the middle level commanders, that is the District Officers and the District Superintendents. The agreement relies upon the understanding that police officers will be deployed by their commanders in a safe manner but ultimately the safety of the deployment was solely the senior officer’s assessment of what they think was safe in the circumstances. Often those decisions have been made by officers who are not present at the site of the engagement. That is how the matter was left by agreement in the issues before Senior Commissioner Kelly. 50 The principle was accepted in the series of conferences, which the record shows were exhaustively pursued before Commissioner Fielding in 1984. There was first a restatement of the policy, if one can describe it as that, which had been developed by the parties with Senior Commissioner Kelly, but later in the Memorandum of Agreement issued by Commissioner Fielding the role of middle managers in ensuring that there was safe working conditions was given additional emphasis. 51 The decisions of middle level commanders were very much an issue in the s.44 conciliation proceedings in Geraldton where a station order had been issued that single officer foot patrols take place in the CBD of the City of Geraldton at night. Fundamental issues in that case were that officers were alone and their access to backup relied completely on their hand held radios. As it happened those radios and the communication system was unreliable so there was a natural reluctance by police officers to put themselves in a situation of danger when they were unsure that they could get adequate backup where the threat assessment was high. That threat assessment comprehended an extremely high level of assaults against police officers in the City of Geraldton in the time immediately leading to the dispute being notified to the WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 929 81 W.A.I.G. Commission. Ultimately the dispute was resolved by the parties in discussion with the managers at district level. It is clear from the agreement which has been cited previously in these Reasons that an accommodation was reached between them where the first decision that had been made by management and incorporated in the station order was modified. In other words in that case the management made a decision to move from where it originally started with the exercise to one which was more acceptable to the police officers by recognising that there were safety deficiencies in the original plan. 52 The situation then developed at Yalgoo. I have included earlier in these Reasons my notes and observations but some additional comments are necessary. When the then OIC at Yalgoo was appointed he was comparatively speaking a young Senior Constable. When he began his assignment in Yalgoo he introduced what he considered to be a proactive policing policy. After he had been in Yalgoo for about 1 year he was attacked by a person who was well known in the town as a violent individual. In the attack the Senior Constable was severely wounded, he managed to escape by crawling to his vehicle while his assailant tried to arm himself with a star picket. The Senior Constable while semi conscious drove to the hotel and was able to obtain the assistance of two civilians. He went back to the scene of the assault and with their help arrested the assailant. He then collapsed and was evacuated to a hospital where he recovered for some time. His bravery and dedication to duty cannot be questioned. The same can be said for his wife who supported him in circumstances which exceeded her duty as a citizen. 53 The assailant was duly convicted and sent to jail. The Senior Constable was returned to duty at Yalgoo. Earlier in his tenure he had been able to leave Yalgoo at weekends to enjoy relief from the circumstances where the majority of the population consisted of two families who had feuded for many many years and where the young men of the town are third generation unemployed. There was a difficult policing situation in Yalgoo because of the conduct of the majority of the community on receipt of social welfare payments. Commencing on those days there was excessive consumption of alcohol and drugs for two or three days after each CDEP or social service payment period. These periods were usually attended by riotous behaviour, domestic violence and worse. This was the environment in which the OIC had to work alone. 54 On an occasion when the OIC was out of town on weekend leave there was an incident which was attended by police from Mt Magnet who did not arrive until two hours after notification. As a result there were complaints through political avenues to senior police about the lack of police in the town and the OIC was instructed that he was not to leave the town unless there was another police officer present and it was up to him to arrange his own relief. I have made comments about the position that faced the then OIC in the notes and observations that have appeared previously. It was a difficult situation made untenable for him and meant by the time the Commission visited Yalgoo the OIC and his wife had not been out of town for many months. 55 There were obvious deficiencies in the policing of the town by that time. There was virtually no radio communications available to the OIC because his radio equipment had not been renewed in a district update. The only way he could call backup was through his wife who in turn was exposed to unacceptable danger. These circumstances led this Commission to the conclusion that there was a failure by the Commissioner of Police to exercise reasonable duty of care and recommendations for immediate resolution of the problems were made. Those were acted upon by the Commissioner of Police forthwith. 56 When the Commission went to conduct hearings on the matter referred, a new OIC had been appointed. Senior Constable Johnny Hart had been transferred to the town. Senior Constable Hart is an impressive person with 24 years service. He is a well informed and confident man. His evidence was that problems which had been faced by the previous OIC had been largely ameliorated. The station had since received a satellite telephone system which Senior Constable Hart rated extremely highly. He had moved into a secure house of extremely good quality whereas the previous police quarters had been a security nightmare. On each weekend he was able to get relief and on occasions of activity in the town which required additional police resources they had been provided to him by order of the District Officer. The circumstances at Yalgoo from a policing point of view were markedly different from those viewed by the Commission on its first visit to Yalgoo. 57 Even though Senior Constable Hart expressed a preference to have an Aboriginal Police Liaison Officer posted to Yalgoo that was more a wish to enable him to do the job a little better than he does it already. The Senior Constable made it clear that he made assessments of his personal safety as situations arose on the job. He was not reticent to ask for backup if that was necessary, he was aware and accepted that sometimes police officers working alone do get into situations where they have to deal with developing situations on the spot. 58 In all of the circumstances to make an award that an additional police officer be posted to Yalgoo would not in my opinion be sensible or is it warranted on the evidence. Yalgoo is an example of how the policing situation can change, alert management must be monitoring these changes. Support has been provided and continues to be. That is not to say that the middle level commanders should stop continual overview of the circumstances at Yalgoo, they should not because policing circumstances in the town are historically subject to rapid change. 59 On the evidence the situation at Yalgoo occurred because for some reason it was seen as a backwater. I have the impression that it was not visited often enough by senior commanders. If I am wrong about that and they did visit they did not see many things which were obvious during the initial inspections. For instance poor radio communication. This problem had been reported many times. If the radio is a police officer’s lifeline the officer is entitled to expect that his superiors will ensure his lifeline is in good order. They did not do so and that was an error on their part. Another important factor concerning a situation at Yalgoo was the circumstances in which the officer found himself when he was ordered to arrange his own relief after the Commander had instructed the District Officer that there was to be police presence in the town at all times. My notes and observations produced earlier show that Yalgoo was unpopular with police officers; they did not want to go there. The OIC, a junior officer, was placed in an untenable position with his peers by having to ask them to come and relieve him. That in my respectful view was another error of management. 60 It has been repeated time and time again during this case that these matters go to issues of management prerogative. They are and if the prerogative is to be exercised without interference by the tribunals, managers must manage and not merely say they have done so. Senior managers should audit what middle managers are doing. There has been a failure to audit at Yalgoo and policing which is inherently unsafe became unsafe to an unacceptable level. The deficiency has since been remedied and no order will be made. However if the WAPU brings to this Commission evidence that there has been deterioration to the state that existed when Yalgoo was first under consideration there is no doubt that orders would be justified. Finally it must be said that when independent eyes identified problems at Yalgoo the Commissioner of Police moved swiftly and decisively to deal with them. 61 I turn to the situation at Gascoyne Junction. As I mentioned earlier Constable John Loftus is an experienced police officer, he joined the service in 1975 he impressed as a self sufficient and sensible person completely at home in his surroundings and his community. He had full confidence that his commanders would provide him with assistance if he needed it. His trust in them and their reciprocal trust was apparent by the trouble that Acting Commissioner Gronow took to come and give evidence to the Commission in Gascoyne Junction to make clear WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 81 W.A.I.G. 930 to the Commission what his operational instructions were and to reinforce to Senior Constable Loftus his continuing support. 62 Constable Loftus does not want to leave Gascoyne Junction. He had been there for 5½ years at the time of inspections and wants to stay another 3½ years. He has a thorough and pervasive set of communications with the community. He has civilian backup available at call, he has done everything that one would expect an informed competent officer working alone as an OIC would do. 63 It is also clear that Acting Assistant Commissioner Gronow was of the opinion that in a perfect world no police officer would work by himself at any time. However he, as an officer with district responsibilities who has to administer with pragmatic decision making. He deploys resources to the places where they were most needed, but in doing so he would not neglect officers who were left on their own, even though he had the personal view that it would be better in a perfect world if one had at least three officers in a station. The evidence from Acting Superintendent Cox in support of Acting Assistant Commissioner Gronow and Senior Constable Loftus left the Commission in no doubt that middle managers would ensure that the wishes of the District Commander and would be executed. 64 There is no reason on the evidence or on a practical assessment of the situation at Gascoyne Junction that this Commission order that an additional officer be deployed there. 65 The evidence at Dwellingup shows that there is one circumstance when the officer at Dwellingup was in a situation different from most police officers, be they a motorcycle patrolman or a single officer on general duties working out of a suburban police station and that is when there is a huge influx of visitors into the recreation areas around the Murray River. Clearly in those circumstances if an officer is on patrol many kilometres from Dwellingup and his radio communication does not work that is a situation where his lifeline is at threat and he would have cause to be concerned. It is not possible for the OIC to call for backup every time he does such a patrol, if that were the case additional officers would be needed at Dwellingup from October through to April each year. 66 According to the evidence establishment levels at Dwellingup are currently under review due mainly to large population variations and the potential increase in policing requirements. The evidence though does not support the contention that this Commission should order a posting of an additional officer to Dwellingup. It is clear that when the OIC wants backup he can get it in quite a short time from Pinjarra. The OIC had been subject to assault by a female person. It is unfortunate that he had to suffer that assault but at the same time on the evidence of all of the experienced police officers who appeared before the Commission that event is a demonstration of the potential lack of safety which is inherent in this vocation. 67 I assess from the evidence that Police officers who accept sworn office know that there are circumstances where they will encounter violent members of the public. In some situations they may be alone and in that case physical force may have to be used. That physical force is necessary is clear from the law which authorises police officers to use escalating force to control a person that they intend to arrest. The evidence of Deputy Commissioner Brennan is that they can apply force from batons to OC spray and ultimately lethal force if that is the only alternative. Facing violence is a unique part of the policing vocation. When Senior Constable Gilmore was assaulted at Dwellingup by a female who refused to leave premises and kicked him three times in the groin, that was an instance where he came face to face with the potential danger of the vocation which he follows. No order of this Commission can change that reality. 68 The only issue that arises from Dwellingup is that it appears managers have not recognised the line of sight problems with VHF radio in the Murray Valley and supplied appropriate equipment to allow communications to be maintained at all times. 69 The evidence of Inspector Jarret is also important in the final disposition of this matter. On the statistics that he provided, which I have no reason to reject, it can be seen that the threat level of assault on police officers is at least no higher in single officer police stations than it is for police officers generally. The sad thing about the figures is that they reveal in the past two years one in every four police officers has been assaulted in the course of their duty. But only one of those has been at a single officer police station. 70 I do not intend to issue the orders sought by the WAPU. In this case the Commission has heard that for a period of 25 years the command of the Police Service has asserted that matters of deployment of resources are its prerogative. Clearly that is true, however if there is inadequate management of that prerogative brought to the attention of this Commission as has been the case in Yalgoo it will make recommendations or orders to correct the situation. It has only happened twice in 25 years that the Commission has made recommendations in matters concerning safety. It is fair to conclude that in the great majority of cases the situation is handled quite adequately by the command structure. To ensure that it does so there must be on-going audit of middle level commanders to ensure that police officers who are in single police stations working by themselves are adequately supervised and supported. If not situations of unsafe work practice and welfare issues will arise quickly. 71 Though the Commission will not issue the orders sought, it remains open to the WAPU in individual circumstances to make notifications to this Commission and the matters will be dealt with on an individual basis. 2001 WAIRC 02217