Flexible work practices
for policing
Issues paper no. 1
Level 3, South Tower, 459 Collins Street, Melbourne VIC 3000
GPO Box 4676, Melbourne VIC 3001
T (03) 8635 6188, 1800 818 387 F (03) 8635 6185
DX 210004 TTY (03) 8624 6311 W www.opi.vic.gov.au
April 2010
Since its establishment in 2004, OPI has embarked on a program of police reform to
improve the integrity and professional standards of Victoria Police. Through our research
and reviews, our work has sought to initiate and support necessary cultural and systemic
change in key reform areas such as the police discipline system, complaints handling,
police training and accreditation, and information security. This review of flexible work
practices continues our major police reform work.
April 2010
Contents
2
Introduction
4
What are flexible work practices?
5
Structure of report
6
Emerging workforce trends
7
Workforce participation
7
Characteristics of work
8
Science and technology
9
Globalisation
10
Economy and Environment
10
Overview of Victoria Police
11
Organisational structure
12
Figure 1: Victoria Police – Operational Capability
12
Rank structure
13
Figure 2: Sworn police ranks
13
Regional structure
14
Figure 3: Regional boundaries, February 2010
14
Figure 4: New Victoria Police regional boundaries, July 2010
15
Figure 5: Regional structure of Victoria Police
16
Strategic direction
16
Flexible work practices
18
OPI Review
18
Recruitment and training
19
Police strength
19
Table 1: Police staff per 100,000 population, 2007-2008
20
Figure 6: Operational police staff by jurisdiction, 2008-2009
20
Skills and experience
21
Education and training
22
Research focus
23
Transfer and promotion
24
Expression of interest transfers
25
Regulation 21
25
In-situ promotions
27
Appeals
28
Interstate mobility
30
Research focus
30
Movement of staff
30
Tenure
30
Inspector and Superintendent rotations
31
Relocation and redeployment
32
Research focus
32
Return to work
33
Operational readiness
34
Research focus
34
Exit Age retirement
35
Table 2: Preservation age for superannuation
35
Dismissal
36
Research focus
38
34
Next steps 39
References 40
3
Introduction
This issues paper is the first stage of a major project being undertaken by the Office of
Police Integrity (OPI) to examine flexible work practices for police. It identifies the key
areas for examination and provides an overview of the work to be undertaken by OPI in
the coming months.
The nature of policing and the way policing services are provided to the Victorian
community have changed significantly over recent decades. In his report, Planning for a
Capable Victoria Police Workforce, the Auditor-General (2006) mapped the progression of
Victoria Police approaches to crime:
Since the 1970s policing in Victoria has reflected both reactive and proactive approaches to
crime. Taskforces were established to deal with major criminal activity after it had occurred
and to develop strategies for preventing such crime. In the 1980s, the emphasis was on
working with the community to prevent and deal with crime. In the mid-1990s, local priority
policing became the vehicle for working with the community to prevent and react to crime
more effectively.
The development of Victoria Police’s strategic plan, The Way Ahead 2008-2013,
emphasises proactive and intelligence-based policing, a responsive and client-focused
policing service, and working partnerships with the community, government and
support agencies.
A flexible and responsive workforce is essential to the future delivery of ethical and
professional policing services in Victoria. Over the years, OPI has identified that some
work practices within Victoria Police appear to act as constraints in achieving this
goal. In some cases, Victoria Police workplace practices are based on historical rather
than operational considerations or are restricted by legislative provisions inconsistent
with contemporary policing (such as the Police Regulation Act 1958 or Police Enterprise
Bargaining Agreement).
One of the objects of OPI is to ensure that the highest ethical and professional standards
are maintained within Victoria Police. In keeping with this, the purpose of OPI’s flexible
work practices project is to ensure that Victoria Police has a framework to deliver a
contemporary and professional policing service able to meet the changing needs and
expectations of Victorian communities. While the project recognises the increasing
proportion of civilian employees within Victoria Police, it is primarily focused on the
workplace policies and practices of sworn police in providing policing services in Victoria.
4
What are flexible work practices?
Flexible work practices refer to workplace policies and processes that enable a workforce to
respond to changing circumstances. For Victoria Police this means being able to respond
to changes in crime and criminal activity, to meet changing community expectations,
and to adapt to changes in law and order policy and peace-keeping priorities.
Flexible work practices operate in two ways. Many are associated with more favourable
working conditions for staff, for example conditions that facilitate a greater work/life
balance, enhance personal and career development, or enable staff to have more control
over how and when they undertake their duties. Just as important are the flexible or
‘mobile’ work practices that strengthen organisations, that is, those that provide a greater
capacity to meet current and future service needs. Examples are organisational practices
that allow for the recruitment and retention of the right staff, that enable resources to
be readily deployed to meet unexpected or short-term demands, and that provide for
adequate and effective succession planning.
This review considers flexible work practices in both contexts – the needs of individuals
and the needs of Victoria Police as an organisation. It recognises that the primary
responsibility of a police service is to serve the community, and that decisions must be
made in the public interest. It also recognises the mutual responsibility that comes with
strengthening the professionalism and flexibility of police organisations, enabling them
to fulfil their functions. A police service needs to remain attractive as an employer, and
employees need to support the organisation by carrying out their duties in accordance
with the organisation’s values and expectations.
Strengthening the professional practice of Victoria Police involves more than changing
policy and practice. It involves instigating change in the way people think about their
role, about the organisation and about how it conducts business. Without change at this
level, the intention and effectiveness of any proposed policy and practice changes will be
minimised and potentially lost.
The importance of proactive leadership and an ethical and professional culture cannot
be overestimated when considering flexible work practices within an organisation. For
real change to be effective within Victoria Police, any changes to organisational policies
and processes must be accompanied by effective leadership. This leadership must start
with the Victoria Police executive taking responsibility for the development of flexible
and professional practice. Real change must also be supported by cultural change
in which staff accept and demonstrate their commitment to the values and goals of
the organisation.
This review does not address specific leadership or cultural issues within Victoria Police.
It does however recognise the dependence of effective work practice on strong leadership
and professional culture.
5
Structure of report
This issues paper is divided into four sections:
• The first section discusses emerging workforce trends. In particular, it identifies the
range of social and economic trends that may impact on policing and what this will
mean for maintaining a flexible and professional police service.
• The second section provides an overview of Victoria Police, including its current
management structure, and how police services are delivered across the state.
• The third section identifies key workplace issues to be examined as part of this review
including those relating to recruitment, transfer and promotion, tenure and rotations,
return to work and exit strategies.
• The fourth section details the next steps for OPI, including the stakeholders who will
be consulted as part of this review.
6
Emerging workforce trends
Policing has seen significant change in the last 20 years. Population growth, the
emergence of new technologies such as mobile telecommunications and the internet,
and the proliferation of synthetic drugs have all required police services to rethink
the way they do things. Similarly, changes to the entry requirements for police, the
increasing civilianisation of police organisations, and a stronger emphasis on ethical
and professional standards have all changed the way police organisations carry out their
business. Inevitably, the next two decades will also be characterised by marked change –
within local communities and within policing organisations. The challenge for Victoria
Police will be to ensure it is adequately equipped to respond to these changes.
In 2005, the Australasian Centre for Policing Research identified a number of factors likely
to affect domestic policing in the future. Some of these included an ageing workforce,
more mobile employees, and the trend toward ‘information-based’ work (Lynch, 2005).
The Australian Federal Police (AFP) hosted a major conference, International Policing
Toward 2020, which focused on long-term, emerging global issues likely to impact on
1
the international policing community (Australian Federal Police, 2007). Globalisation,
the digital age, forensic science and climate change were some of the issues identified at
this forum.
Domestic and international trends will continue to shape our communities and the
demands on policing services. This section briefly describes some of the key factors
identified in the research literature and OPI’s consultations that are likely to impact on
policing in Victoria.
Workforce participation
Victoria will continue to see significant changes in its workforce. In 2005, Victoria’s
Workforce Participation Taskforce released its report Victoria: Working Futures. It identified
that the ‘combination of low fertility rates and increasing life expectancy means that Victoria, like
the rest of the nation, will experience major demographic change over the next 35 years’.
In the last few decades female participation in paid work has increased significantly. In
December 2009, it was estimated that women comprised 46% of people employed full
2
time in Victoria compared to 34% in 1999.
Two other trends forecast to affect workforce participation in the future include the ageing
of the population and a reduced growth of the working population. Both will result in a
reduction in Victoria’s labour supply. In other words, there will be fewer people available
1 In June 2009, an audit of AFP capabilities to meet current and future policing demands was completed. See
The Allen Consulting Group (2009), New Realities: National Policing in the 21st Century: Federal Audit of Police
Capabilities. Report to the Minister for Home Affairs, the Hon Brendan O’Connor MP
2 Australian Bureau of Statistics, Labour Force, December 1999 (6203.0) and Labour Force, December 2009 (6202.0)
7
to participate in the workforce. Higher rates of workplace participation will therefore be
needed to ensure the supply of labour is sufficient to meet the needs of Victorian business
and industry (Workforce Victoria, 2008).
With an ageing population, Victoria Police will need to consider ways of retaining the
participation of older employees and maximising the use of their skills and experience.
This will include ensuring older workers remain enthusiastic and motivated in the
later stages of their career and have access to continued learning and development
opportunities. In addition, Victoria Police will need to ensure that there are sufficient
numbers of staff being trained and developed to take up vacancies created by retiring
older workers and that there is adequate succession planning in place, particularly in
terms of imparting and securing corporate knowledge.
As the mean age of the Victorian workforce continues to rise, Victoria Police will consist
of older workers some of whom may not be able to meet the physical demands required
of police. At the same time, as the baby-boomers retire, a new generation of employees
– Generation Y – is entering the market. There will be greater competition for these
employees as the numbers of people entering the workforce decline. Victoria Police will
need to be mindful of ways to attract and retain these employees who have different
expectations and attitudes to work from previous generations.
Characteristics of work
The contemporary workplace is now characterised by information- and knowledge-
based work which emphasises knowledge, skills and efficiency (Lynch, 2005). This has
influenced how services are provided by organisations and has shaped their demand for
employees with particular skills and experience. Two key trends most likely to impact on
police organisations in a knowledge-based economy include the more fluid movement of
employees between jobs, and the more flexible working arrangements expected by staff.
Inter-organisational mobility is becoming the norm in the broader workforce (Lynch 2005).
There has been a trend away from people wanting ‘jobs for life’ instead choosing to move
between different roles and positions to build their professional skills and expertise. This
has resulted in greater movement between organisations and jurisdictions, nationally
and overseas.
The mobility of contemporary employees is perhaps most at odds with the profession
of policing, which has traditionally been viewed as an occupation in which recruits
remain their entire working lives. However, it has been argued that policing meets the
mobility challenge given the diversity of roles and positions – both professionally and
geographically. Police services will need to consider their strengths and how they can
remain an attractive employer, especially in providing the type of career and personal
development opportunities that people seek from the contemporary workforce.
8
Flexible working arrangements are increasingly a feature of modern workplaces. In
particular, the number of people engaging in part-time work arrangements has increased
significantly across the country. Between 1979 and 2009, the proportion of employed
people working part time almost doubled from 16% to 30%. In addition, 20% of people are
employed on a casual basis, a trend that has remained steady since 1996.
3
People expect organisations to provide them with greater work/life balance, and they
expect to have more control over how they manage their time and undertake their duties.
Organisations which offer more diverse and flexible working arrangements will be more
attractive to potential employees, and will also enable workers to optimise the balance
4
between paid work and other aspects of their lives. The challenge for policing will be
to balance the flexibility and attractiveness of work options for staff while maintaining
organisational and operational effectiveness.
Science and technology
Arguably, developments in the field of science and technology have had the greatest
impact on how people communicate with each other and access information. The effect
of scientific and technological change for law enforcement was discussed at the AFP’s
Toward 2020 conference:
The implications of these developments will have a significant impact on policing in terms of
who commits a crime (person or technology or combination of both), change in crime types,
investigation techniques, and subsequent legislative and administrative reform (AFP, 2007).
State and territory police services are embracing the advantages of scientific and
technological change within workplaces, and are continuing to respond to the impact
of its uptake within communities. In particular, police services are dealing with the
onset of more sophisticated and organised crime such as illicit drug manufacture and
distribution, identity theft, and internet-based crimes including fraud, theft and child
sex offences. Advances in science, in particular forensic capabilities, have improved
the means by which police can identify and investigate individuals and their criminal
activities. And the availability of information technology solutions has changed the way
police store, access and exchange information.
Keeping pace with scientific and technological change will be the main challenge for
policing organisations. Aspects of the task involve responding to safety and security
issues within communities, foreshadowing how technological developments may be used
for criminal gain, and ensuring the security of information within organisations. To this
end, understanding the capabilities and application of technology and how technology
might be used to threaten safety and security in the future is of significant consequence.
3 Australian Bureau of Statistics, Australian Social Trends: Patterns in Work, December 2009 (4102.0)
4 Australian Bureau of Statistics, Australian Social Trends: Patterns in Work, December 2009 (4102.0)
9
Globalisation
Similar to the developments in science and technology, globalisation has markedly
changed the way individuals and communities operate. The world is more interconnected
and interdependent than ever before. Social and professional lives are characterised
by increasing trade, travel and communication between countries, and a much greater
exchange of information. For policing, globalisation has placed additional pressure on
policing services to respond to a wider range of criminal threats.
While acknowledging positive changes that have followed globalisation, Naim (2003)
argues that globalisation has also created a number of additional struggles and ‘wars’,
particularly for law enforcement. These ‘wars of globalisation’ have boosted the size
and resourcing of criminal networks, include illicit drug markets, arms trafficking,
intellectual property and piracy, people smuggling and money laundering.
It is sometimes difficult to grasp the local responsibilities of domestic police services in
responding to global or national issues. More often than not, these issues are considered
the realm of national and international law enforcement agencies. However, in an
interconnected community, global crimes are local crimes somewhere, and that includes
Australian states and territories. For national and domestic agencies, the complexities of
these crimes will require an investment in specialist education and training of officers in
some fields.
Economy and environment
Two other factors likely to impact on police in the future include economic pressures
and environmental change. In early 2009, the Chief Commissioner of Victoria Police
observed that the ‘economic downturn has already started to create significant issues
5
from a policing perspective’ with increases in shop stealing and burglary crimes. In
tougher economic times, it is likely that increases in particular offences or activities will
be seen. People may look to other means to support themselves through criminal activity,
to escape pressures and relieve stress through drug and alcohol use, and to respond to
problems and conflict with physical violence and weapons. While it is debatable whether
economic pressures will result in overall increases in crime, it is clear ‘bread and butter’
policing – of interpersonal, property and substance-related crime – will continue to affect
Victoria.
Finally, it is expected changes to the environment will also create demands on policing
resources. This demand is expected to be heightened when changes to the natural
environment, such as extreme or devastating weather, result in displacement of people,
scarcity of resources and loss of infrastructure (Abbott, 2008). Areas of potential strain
for law enforcement in the wake of environmental change may include demands for
greater border security, changes in rates and types of crime, policing new legislation, and
5 Press Club Lunch Speech, Chief Commissioner Simon Overland, 20 April 2009, http://www.pressclubonline.
com/Assets/720/1/Overlandspeech.pdf (accessed 7 January 2010)
10
responding to natural disasters (Abbott, 2008). For example, the potential introduction
of emissions trading or carbon reduction measures may create opportunities for new
criminal exploitation such as corruption or fraud in these areas. Stricter conditions
surrounding water use may see increased police involvement in regulating and
safeguarding natural resources.
Emergency response management will be a key issue for police in terms of environmental
change. Victoria Police has already been challenged by these demands, particularly
in light of the 2009 Black Saturday bushfires. Environmental change will not only
require responses measured on the severity and intensity of events. It is likely policing
organisations will also have to plan and be prepared for the increased frequency of
these incidents.
11
Overview of Victoria Police
Victoria Police provides a 24-hour, 7-days-a-week service to the Victorian community. Its
6
jurisdiction covers an area of 227,416 square kilometres across the state , and a population
7
of 5.42 million people – 3.89 million of whom live in Melbourne.
The
organisation
employs
over
14,000
police
officers
and
civilian
staff,
making it one of the largest public sector organisations in Victoria. As at
28 December 2009, 11,326 police officers, and 2,839 public servants were employed by
8
Victoria Police, and 373 recruits were in training. The organisation’s budget for the 2008–
9
2009 financial year was $1.7 billion.
Organisational structure
Victoria Police is led by a Chief Commissioner who oversees both the operational and
Chart
1
corporate functions of the organisation.
Operationally,
three Deputy Commissioners are
responsible for the respective portfolios of Public Safety, Road Policing and Crime.
Figure 1: Victoria Police –
Operational Capability
Deputy Commissioner
(Public Safety)
Region 1
Chief Commissioner
Deputy Commissioner
(Road Policing)
Deputy Commissioner
(Crime)
Region 2
Crime
Specialist Support
Region 3
Intelligence
and Covert Support
Counter Terrorism
and Emergency
Management
Region 4
Ethical Standards
Operations
Coordination
Region 5
Forensic Services
6 Australian Bureau of Statistics (2008), National Regional Profile – Victoria
7 Australian Bureau of Statistics (2009), Australian Demographic Statistics, 3101.0: June Quarter 2009. Population of
Victoria is the estimated residential population as at 30 June 2009, and the population of Melbourne is estimated
residential population as at 30 June 2008.
8 Unpublished data provided by Victoria Police – January 2010
9 Victoria Police Annual Report 2008/2009, p5
12
Rank structure
Victoria Police has a 12-rank structure from Constable to Chief Commissioner. Like most
policing services across Australia, the organisation’s operational capacity is ‘bottom
heavy’ with over 90% of sworn police being at the rank of Sergeant or below. Fewer
officers occupy the senior ranks of Inspector and above.
10
Figure 2 breaks down the number of sworn police at each rank as at 28 December 2009.
Of the 11,326 sworn police employed by Victoria Police, nearly 60% are Senior Constables,
followed by Sergeants (17%) and Constables (16%). Fourteen officers have been appointed
to Assistant Commissioner, Deputy Commissioner and Chief Commissioner positions.
Figure 2: Sworn police ranks
Rank
Count
Percent
Chief Commissioner
1
0.01
Deputy Commissioner
3
0.03
Assistant Commissioner
10
0.09
Commander
7
0.06
Chief Superintendent
1
0.01
Superintendent
76
0.67
Chief Inspector
9
0.08
Inspector
269
2.38
Senior Sergeant
576
5.09
Sergeant
1946
17.18
Senior Constable
6657
58.78
Constable
1771
15.64
Total
11326
100
10 Unpublished data provided by Victoria Police – January 2010
13
Regional structure
Policing services in Victoria are provided through a decentralised structure that currently
comprises five police regions across the state.
Figure 3: Regional boundaries, February 2010
Region 3
Region 4
Region 2
Region 5
Region 1
With the exception of Region 1, each police region covers a diverse geographic area
including metropolitan and regional police service areas. In July 2010, Victoria Police
will redistribute its boundaries to form four police regions – western, northern, eastern
and southern Victorian. This follows a wider Victorian Government initiative to improve
the overall coordination of government services to the community. The new police
boundaries have been designed to ‘more closely align with other government boundaries
11
and agencies and in turn aid emergency management’.
police boundaries.
Figure 4 shows the new
11 Police Get New Regions, Star News Group, 11 June 2009, http://www.senews.com.au/story/75704 (accessed 8
January 2009)
14
Figure 4: New Victoria Police regional boundaries, July 2010
MILDURA
SWAN HILL
YARRIAMBIACK
GANNAWARRA
BULOKE
CAMPASPE
LODDON
WEST
WIMMERA
WODONGA
MOIRA
HINDMARSH
GREATER
BENDIGO
MOUNT
CENTRAL
GOLDFIELDS ALEXANDER
HEPBURN
PYRENEES
SOUTHERN
GRAMPIANS
ARARAT
ALPINE
MITCHELL
MACEDON
RANGES
MANSFIELD
MURRINDINDI
EAST GIPPSLAND
WHITTLESEA
HUME
MOORABOOL
NILLUMBIK
YARRA RANGES
MELTON
GOLDEN
PLAINS
WARRNAMBOOL
STRATHBOGIE
BALLARAT
GLENELG
MOYNE
TOWONG
WANGARATTA
BENALLA
NORTHERN
GRAMPIANS
HORSHAM
INDIGO
GREATER
SHEPPARTON
CORANGAMITE
COLAC
OTWAY
SURF
COAST
WYNDHAM
GREATER
GEELONG
QUEENSCLIFFE
MORNINGTON
PENINSULA
CARDINIA
CASEY
FRANKSTON
BAW BAW
WELLINGTON
LATROBE
SOUTH
GIPPSLAND
BASS
COAST
New Police Regional
Boundaries
Local Government Areas
Unlike the existing Victoria Police boundaries, the new boundaries will cover either
regional or outer suburban areas or a metropolitan area. This shift recognises that ‘often
the needs and issues experienced by country and outer suburban areas are very different
12
to those taking place in the city and its fringes’. These boundary changes will therefore
allow for more region-specific strategies to be implemented to tackle local issues and
crime problems.
While the zoning of Victoria Police boundaries is soon to change, the reporting and
organisational structure of Victoria Police regions will remain the same.
Each police region of Victoria Police is managed by an Assistant Commissioner (AC) who
is responsible for the administration, coordination and resourcing of policing services
within their jurisdiction.
12 Police Get New Regions, Star News Group, 11 June 2009, http://www.senews.com.au/story/75704 (accessed 8
January 2009)
15
Chart 5
Figure 5: Regional structure of Victoria Police
Police Station/Unit
Police Service Area
Police Station/Unit
Division
Region
Police Station/Unit
Division
Police Service Area
Police Station/Unit
Within the current five police regions are 22 divisions, divided into 56 Police Service
Areas (PSA). Each PSA houses a number of police stations and units. In all, there are 324
police stations and units across Victoria.
The regional structure of Victoria Police is supported by seven specialist operational
departments. Four of these departments – Crime; Counter Terrorism Coordination
and Emergency Management; Ethical Standards; and Intelligence and Covert Services
– are also managed by an AC. The remaining three departments – Specialist Support;
Operations Coordination; and Forensic Services – are managed by either a Commander
(sworn officer) or Director (civilian officer).
Strategic direction
Shortly after his appointment as Chief Commissioner of Victoria Police, Simon Overland
outlined his vision for the organisation: ‘a framework to focus on what [Victoria Police] can
13
achieve over the next five years, and what the organisation might look like in 2014’.
This framework, which complements Victoria Police’s strategic direction, The Way Ahead
2008-2013, identified five key areas for the organisation:
• A safer and inclusive community
• Effective and innovative management of crime, public safety and road safety
• A flexible, dynamic and responsive police organisation
• Strong leadership and effective management
13 See Press Club Lunch Speech, Chief Commissioner Simon Overland, 20 April 2009, http://www.pressclubonline.
com/Assets/720/1/Overlandspeech.pdf (accessed 7 January 2010)
16
• A healthy, engaged, well-educated and equipped workforce.
An important function of OPI is to ensure Victoria Police maintains its strategic direction
and delivers a professional and ethical policing service to the Victorian community.
Given the framework set by the Chief Commissioner, OPI has identified what it considers
to be ‘measures of success’ against each of these key areas in providing a contemporary
and responsive police service. These include:
A safer, inclusive and more connected community – increased public confidence in Victoria
Police; increased public reporting of crime particularly from people in diverse
communities; and increased perceptions of safety in city and regional areas.
Engaged, skilled and equipped workforce – police officers who are ethical, professional and
confident; are equipped and confident for careers outside of law enforcement; are people
rather than process focused; and are adequately skilled to respond to the changing needs
of community.
Flexible dynamic and responsive – increased mobility within the organisation; targeted use
of resources; a better fit of civilian and sworn officers in non-operational roles, and a
greater flexibility to transfer between other policing and government roles.
Effective and innovative crime management, public safety and road safety – a decrease in volume
crimes such as burglaries, assaults, thefts, alcohol-related crime, family violence and
sexual assaults; greater emphasis on prevention of organised crime; and a decrease in
deaths and serious injuries associated with traffic-related incidents.
Strong leadership and effective management – consistency of operations across police regions;
improvement in organisational practices; a stronger culture of ethical and professional
service delivery; increased staff engagement and satisfaction; and a focus on early
intervention to improve performance.
The next section of this report looks more closely at Victoria Police work practices,
particularly in the context of the capacity of Victoria Police to achieve these goals.
17
Flexible work practices
Flexible work options were a significant focus of the 2007 Enterprise Bargaining
Agreement negotiated by Victoria Police. These provisions were designed to deliver
increased efficiencies and increased service delivery outcomes from available operational
resources while providing an acceptable work/life balance for employees. Some options
negotiated as part of this agreement included:
• Cashing out accrued time off: employees are able to cash out their accrued
time off in order to receive extra income while working on targeted operations.
Victoria Police advises up to 6,000 shifts were filled in the first two years of this
becoming available to police.
• Part-time policing: employees are now provided with greater flexibility in
working patterns including the ability to own multiple part-time positions and
undertake irregular part-time work which allows police to access additional
shifts. A part-time employment panel was also established to review any
grievances arising from part-time work.
• Supplementary duties: employees on unpaid leave are able to work occasional
shifts, which allow employees to earn extra money while on leave, transition
back to work, and maintain contact with the workplace.
Fixed-term employment was another option negotiated as part of the 2007 Enterprise
Bargaining Agreement which allows former police to be employed on a contract for up to
three years. Previously, former police were not able to be employed on a contractual basis.
This change has yet to be implemented due to the legislative change required to affect
this provision under the Police Regulation Act 1958.
OPI Review
In September 2009, OPI convened a roundtable of Victoria Police members, and consultants
to help identify some of the key workplace issues potentially affecting the capacity
of Victoria Police to meet its organisational goals. Preliminary interviews were also
conducted with representatives of Victoria Police and the Police Association to identify
any further issues related to flexible work policies and practices within the organisation.
This section briefly introduces these issues, and provides an overview of the five areas to
be examined as part of this review:
1. Recruitment and training
2. Transfer and promotion
3. Movement of staff
4. Return to work
5. Exit strategies
18
Recruitment and training
Police strength
The number of police officers employed by Victoria Police is determined by the State
Government (Auditor-General Victoria, 2006). Victoria Police maintains this target – or
police strength – by recruiting the additional number of police officers set by Government,
and by replacing police officers who leave the organisation.
In 2006, the current Labor Government committed to funding an additional 350 Victoria
Police officers, above attrition, over a four-year period. The planned induction of these
additional officers were as follows:
Year 1 100
Year 2 100
Years 3 & 4
150
Victoria Police advises that all resources under this commitment will be recruited by
June 2010. The most recent commitment of additional police is significantly less than that funded by
Governments in previous years. In 1999, the State Government agreed to increase police
numbers by 800 by June 2003, and in October 2003, it committed to funding an additional
600 police officers by late 2006 (Auditor-General Victoria, 2006).
While the commitment of additional Victoria Police has declined since 1999, the population
of Victoria has continued to increase. At the turn of the century, the estimated resident
population of Victoria was 4.76 million people. This has climbed to 5.42 million people in
14
2009, and is expected to reach 6.28 million by 2021.
In the latest Report on Government Services (2010), Victoria was reported to have the lowest
ratio of operational staff per head of population, compared to other Australian states
and territories.15 This is shown in Table 1. In 2008–2009, Victoria reported a ratio of 206
operational staff per 100,000 people compared to South Australia (303 operational staff)
and Western Australia (287 operational staff) which reported the highest ratios among
the states. It is important to note that some of these differences will be due to factors
such as resourcing across regional and remote areas compared to more densely or closely
populated areas, and different state and territory definitions of ‘operational’ staff.
14 Australian Bureau of Statistics - Population by Age and Sex, Victoria, 3235.2: June 2000 and Australian Demographic
Statistics, 3101.0: June Quarter 2009. Projected population for 2021 based on Series B projections which assumes
medium levels of fertility, life expectancy, overseas migration and interstate migration flows.
15 Operational staff is defined by the Productivity Commission (2010) as ‘any member whose primary duty is
the delivery of police or police related services to an external client (where an external client predominantly
refers to members of the public but may also include law enforcement outputs delivered to other government
departments). Operational staff include: general duties officers, investigators, traffic operatives, tactical officers,
station counter staff, communication officers, crime scene staff, disaster victim identification, and prosecution
and judicial support officers.’
19
Table 1: Police staff per 100,000 population, 2007-20081
Vic
NSW
Qld
WA
SA
Tas
ACT
NT
Total
Police staff numbers
Operational
11 074
16 677
11 543
6 324
4 885
1 399
819
1 472
54 193
Total
13 901
19 153
14 222
7 474
5 431
1 602
945
1 587
64 315
70.41
43.50
22.04
16.12
5.00
3.48
2.22
216.44
Population numbers
Per 100,000
53.65
Police staff numbers per 100 000
Operational
206
237
265
287
303
280
235
664
250
Total
259
272
327
339
337
320
272
716
297
Source: Report on Government Services 2010, Productivity Commission, January 2010
1
Notes: Police staff attributed to the national policing function of the AFP are excluded from these
data. Data are FTE staff except for the NT where data are based on a head count.
Victoria Police also has the lowest percentage of operational staff to non-operational staff
across the country. This is shown in Figure 6.
Figure 6: Operational police staff by jurisdiction, 2008–20091
100%
90%
80%
70%
Percentage
60%
50%
40%
30%
20%
10%
0%
Vic
NSW
Qld
WA
State and Territory
SA
Tas
ACT
Non-operational
NT
Aus
Operational
Source: Report on Government Services 2010, Productivity Commission, January 2010
1
Notes: Data is based on FTEs for all jurisdictions except the NT where the data is based on a head
count.
20
In 2008–2009, 79.7% of Victoria Police staff was operational, compared to 92.8% in
the Northern Territory, 89.9% in South Australia, and 87.1% in New South Wales. The
operational strength of Victoria Police was also below the national average of 84.3%.
During our consultations, OPI was advised that the current process for determining and
allocating additional police – that is, at the discretion of the Government – may not be the
most effective way of ensuring recruits are employed and trained within the organisation.
This is particularly apparent when the organisation is required to induct large intakes of
recruits at the one time to meet government funding comittments.
Large intakes can affect the quality of training and supervision provided to recruits,
particularly once they have graduated from the academy. This was identified by the
Auditor-General’s Office (2006) in its review of Victoria Police:
The recruitment of large numbers of trainees increases workload at the operational level where
large numbers of trainees require daily supervision. The quality and quantity of training that
can be provided may also be compromised.
A more consistent approach to the planning and induction of additional police numbers
would allow Victoria Police to better manage the quality and training of recruits.
Skills and experience
In 2008, the Ministerial Council for Police and Emergency Management – Police
(MCPEMP) identified key workforce planning priorities for police to help foster ‘efficiency,
16
effectiveness, continuous improvement and innovation’. Recruitment and retention of
staff is fundamental to this framework. In its statement, MCPEMP set out that policing
services need to:
• identify the skills, knowledge and personal attributes required to meet future
organisational and operational needs; and
• develop early strategies to attract and retain an educated and skilled workforce.
For Victoria Police to be a modern and professional police service it needs to attract, train
and retain the best people.
Victoria Police is fortunate to have ‘a ready pool of people seeking employment with the
organisation’. While the organisation is not challenged by the number of people waiting
to join Victoria Police, its strategic direction mandates that the ‘right’ people be recruited
for the job. This includes people whose values are consistent with the organisation.
A key issue regarding recruitment of police officers concerns the type of people police
organisations should be targeting as future members, in particular, whether police
services should look to attract people with a broad range of base skills to undertake
16 Directions in Australia New Zealand Policing 2008-2011, A Policing Strategy by the Ministerial Council for Police
and Emergency Management – Police
21
general duties roles or people with more specialist skills who may fulfil future officer or
management roles.
Following the Fitzgerald (1989) and Wood (1997) Royal Commissions of Inquiry in
Australia, many police services sought to attract older recruits with ‘life experience’ or
recruits with higher education qualifications. This shift represented the view that older
or educated recruits are better equipped and more likely to have necessary skills (such
as analytical and problem-solving skills) for the challenges of policing, and are therefore
less likely to pose a misconduct and corruption risk.
However, some have argued that age and education may not necessarily be essential
prerequisites for policing. Some older applicants may be challenged by the rigours of the
job such as shift work and the physically demanding nature of training and operational
duties, while higher education as a prerequisite may exclude people with other important
attributes such as broad life experience, effective interpersonal skills and resilience.
In January 2010, Victoria Police announced a $1 million recruitment campaign with the
aim of diversifying its police service. The aim of this campaign is to recruit police officers
who not only have the ‘right’ skills and personal attributes for policing, but who are also
reflective of the community Victoria Police serves. To this end, there will be a focus on
recruiting people from a broad range of cultural backgrounds and experiences.
Education and training
Closely related to who should be recruited to policing is how they are trained to become
police officers. The predominant education and training model used by Australian state
and territory police services is police academy training. This requires recruits to complete
approximately 20 weeks of theory and police practice before being sworn into the Office
of Constable.
In Victoria, police recruits are required to undertake 100 days of training at the police
academy. Academic components include courses on law and policing procedures,
communication skills, computing and scenario-based training. Physical training includes
sessions on police drills, water safety, defensive tactics, firearms training and physical
education. Upon graduation from the police academy, police constables complete a two17
year period as a Probationary Constable, usually in a metropolitan station.
In 2009, Victoria Police built on this model and introduced a two-week pre-academy
course designed to provide recruits with an introduction to policing in the community.
The implementation of the course follows a key recommendation of the Integrity System
18
for Police Project, and has a strong emphasis on ethics and values training. The training
also includes a range of communication and community-based units – such as community
engagement, Indigenous relations, cultural and religious awareness, ethical decision-
17 See Victoria Police website: at www.police.vic.gov.au/content.asp?Document_ID=14451
18 The Integrity System for Police Project (2008) was a joint project of Victoria Police and the Centre for Applied
Philosophy and Public Ethics which was funded under an Australian Research Council Linkage Grant.
22
making, and the history and future of policing – and aims to provide a foundation for all
Victoria Police education and training. Victoria Police reports that ‘eventually, ethics and
values training will be rolled out to all ranks and classifications within Victoria Police to further
reinforce and embed ethical decision making in all aspects of policing’ (Victoria Police, 2009).
While police academy training is now a well-established part of Victoria Police training
and education, the issue for flexible workplace planning is whether this type of training
model fully equips police officers to confidently and competently undertake their duties
upon graduation. In particular, does the current structure of academy training provide a
realistic introduction to policing including working at a police station and undertaking
shift work? Similarly, does the current Probationary Constable model allow for a recruit’s
education and training to be sufficiently consolidated and appropriately developed
once they leave the academy? This latter issue is particularly important given the strong
influence of supervisors, fellow sworn officers, and workplace culture on the behaviours
and attitudes of recruits and junior officers once they commence duties.
Victoria Police is currently reviewing its education strategy, including police recruit
training. OPI will consider this work as part of the flexible work practices review. OPI will
also examine the applicability of training models used in other police jurisdictions and
government sectors – such as the military or medical fields which employ specialist entry
or designated stream training – to ensure that police officers are adequately prepared for
their roles.
Research focus
The OPI project team will consider the following recruitment and training issues:
• The process for determining the allocation of additional police
• Resourcing required to meet Victoria Police operational needs
• The type of people Victoria Police should seek to recruit – including:
• the skills and experience required to fulfil the role of a police officer –
for example:
• personal attributes – including integrity and values;
• specialist or generalist policing skills;
• prerequisite standards for recruit training (role or gender specific
criteria); and
• diversity in recruitment (levels of education, gender, ethnicity,
languages, and work experience)
• The type of education and training model needed to ensure that recruits are adequately
equipped and trained to do their jobs – for example, consideration of:
• police academy training;
23
• accredited training centres; and
• specialist entry or designated stream training
Transfer and promotion
In 2005, Victoria Police commenced a review of the transfer and promotion system in
response to concerns raised by members. In particular, these concerns related to the
length of the process, perceptions and instances of bias, nepotism and cronyism, and a
lack of transparency and consistency in its administration. The recommendations arising
out of the 2005 review included the implementation of a three-phased strategy to address
the problems identified. In 2009, Victoria Police completed a post-implementation review
of phase one, which was to establish a centralised Transfer and Promotion Unit (TPU) to
19
perform administrative tasks, coordinate panels and write final section reports.
Some of the findings from the post-implementation review of the TPU are relevant to
OPI’s review of flexible work practices. These include the following:
• Claims of bias, nepotism and cronyism have significantly decreased, however
transparency of decision-making and perceived/actual inconsistencies in short-listing
applicants remain a considerable issue.
• Members are supportive of a centralised transfer and promotion system, however
they believe the process needs ‘fixing rather than abolishing’.
• The use of generic key selection criteria is considered too corporate focused and does
not provide members with sufficient opportunity to demonstrate their relevant skills
and experiences.
• Filling of vacancies within a timely manner is still a major concern.
• Too much weighting is placed on CVs and panel interviews, with little or no account
of other key attributes such as experience, business results, diversity, technical skills,
referees and probity relevant to the role.
• Overwhelming support exists for the introduction of exam-based pre-qualifying
assessment, and the use of assessment centres where members can demonstrate a
range of attributes relevant to rank or position.
• The current level of probity checking is considered inadequate.
• The current transfer and promotion system stifles lateral movement, and there is
support for wider consideration of expression of interest transfers.
20
19 Phase one was implemented in April 2007. The implementation of phases two and three – which includes
consideration of information technology support, accreditation of panel members, changes to the appeals
process, and the introduction of pre-qualifying assessment – is to be considered by Victoria Police following the
review of phase one.
20 Victoria Police, Transfer and Promotion Review 2009 – Report and Recommendations. Unpublished document
24
Victoria Police made 10 recommendations in response to these findings. These issues and
recommendations will be considered as part of OPI’s review.
In addition, OPI will examine the following issues raised during our preliminary
consultations.
Expression of interest transfers
Victoria Police has different provisions governing the transfer and promotion of members
and officers depending on rank. For Probationary Constables, Constables and Senior
Constables, Victoria Police employs a ‘general duties allocation’ process to fill full-time
general duties positions. This process, which is set out in Section 306 of the Victoria Police
Manual, allows members at these lowers ranks to apply for an at-level transfer through
an ‘expression of interest’ system. Under this system, if a member wishes to apply for a
transfer to another general duties position, the member places their name on a divisional
waiting list. As vacancies arise, positions are filled with the member on the top of the
21
list. Members wishing to transfer can only place their name on one divisional waiting
list, and cannot decline the position if offered. Similar to the in-situ promotion process
for Constables discussed below, members who nominate for transfer through the general
duties allocation process are not required to compete for the position through merit-
based selection. Rather, the general duties allocation process offers an automatic transfer.
For the ranks of Sergeant and above and specialist positions, the transfer process is
different. Higher level ranks have a ‘merit-based’ selection process for transfers whereby
senior members and officers are required to apply for advertised vacancies through
a selection criteria and interview process. This process also applies to Inspectors and
Superintendents who want to transfer to other positions outside the rotation system (see
next section).
While some have argued that merit-based selection processes for at-level transfers allow
the organisation to select the most suitable officer to fill a vacancy, others have suggested
that it creates barriers for senior members and officers wishing to broaden skills and
experience in other workplaces. It is also considered a slower and more administratively
burdened process when seeking to fill advertised positions. One of the advantages of
the expression of interest process for junior ranks is that it allows members to transfer
relatively easily and quickly subject to the length of the waiting lists for particular
divisions. The challenge for Victoria Police is to provide equitable opportunities for
members and officers to move around to develop their skills and experience, while at the
same time ensuring the best person is selected for a vacant position.
Regulation 21
Regulation 21 of the Police Regulation Act 1958 allows the Chief Commissioner to use his
or her discretion to transfer any Victoria Police member to any part of the state ‘where
21 This is subject to no suitably qualified surplus employees being available for redeployment.
25
it is efficient for Victoria Police to do so’. Situations in which Regulation 21 may be
exercised include:
• facilitating pressing necessity requests
• assisting the personal development of any employee
• resolving a staffing problem such as a clash of personalities
• relocating an employee whose work performance has deteriorated in order to provide
closer supervision
• resolving a supervisory problem
• meeting changes in resourcing requirements between particular locations and units
• better utilising the skills of a particular employee to perform an alternative role
or function
• redeployment
• addressing a failure to attain mandatory qualifications.
22
Under Regulation 21, the Chief Commissioner may fill a vacancy by transferring a person
to a position, or by advertising a position and transferring or promoting a person to the
position. One of the key advantages of Regulation 21 transfers is the greater flexibility to
move Victoria Police members where operational resources are needed. The regulation
also allows the Chief Commissioner to transfer members on compassionate grounds, or
to find suitable positions for those who have returned from overseas deployment (i.e.
International Deployment Group), secondment or extended leave without pay.
Regulation 21 is not, however, without its critics. Primarily, the policy has been opposed
for being ‘unfair’ to other sworn police by giving those transferred under the regulation
a (perceived) ‘free-kick’ or ‘leg-up’ to a position without having to compete on merit.
This is considered to particularly disadvantage sworn police who may want to apply or
seek appointment to positions that have been filled through a Regulation 21 transfer. In
addition, Regulation 21 has been criticised as an inappropriate way to manage people
who are underperforming or to relieve supervisors of the responsibility to provide
difficult staff with professional development and guidance.
An example of the use of Regulation 21 – and some of the potential adverse consequences
– is demonstrated by the case of the Ceja Taskforce investigators who were transferred
under this regulation as part of their reintegration into Victoria Police (OPI, 2007).
Victoria Police developed a reintegration strategy for members of the internal corruption
taskforce – which included Regulation 21 transfers – to address a range of work factors
that directly affected Ceja investigators. Some of these factors included the loss of
22 See 306-5 of the Victoria Police Manual
26
potential work opportunities, personal development needs of members, and ostracism
and resentment experienced by investigators as a result of working on a high profile
taskforce. As part of the reintegration strategy, Victoria Police offered some Ceja Taskforce
investigators a transfer to a position that the person was qualified to fill, at the person’s
existing rank, and for which the person had expressed a preference. These transfers were
designed to ensure that Ceja investigators were not professionally disadvantaged by
working on the taskforce, and that the skills and experiences gained from Ceja could be
used in other areas of Victoria Police (OPI, 2007).
OPI’s report on the Ceja Taskforce (2007) details the ‘significant criticism and opposition
within [Victoria Police] to these transfers’. In particular it notes that nine of the 28 transfers
made under this regulation were the subject of appeals to the Police Appeals Board, and
that some officers were subject to serious instances of harassment or victimisation after
transferring to their new workplaces.
The point to be made here is that Regulation 21 can be useful in allowing the Chief
Commissioner to redeploy members to meet operational needs or on compassionate
grounds following their assignment to taskforces, but use of the regulation can also
result in members feeling aggrieved by the process and willing to challenge its validity.
In-situ promotions
Unlike other state and territory police services, Victoria Police offers ‘in-situ’ promotion
from the rank of Constable to Senior Constable. In-situ promotions are not offered to any
other rank within the organisation.
Section 306-6 of the Victoria Police Manual provides that, to be eligible for in-situ
promotion, Constables must have:
• successfully completed recruit and advanced training;
• successfully completed the required components of the Victoria Police Sequential
Training and Education, if recruited after 1 July 1997;
• completed four years of duty; and
• been assessed as having performed satisfactorily.
’In-situ promotions’ for Constables within Victoria Police are, in essence, automatic
promotions. The practice allows for promotion to the next rank with no skills testing and
23
with no requirement for members to demonstrate their suitability. Instead, eligibility for
promotion is based on length of experience and satisfactory performance at the current
level. This creates potential risks for the organisation. Primarily, ‘in-situ promotion’
fosters non-movement of personnel when Constables are promoted and receive a pay
increase while remaining in the same work location. It also potentially shifts the balance
23 The only process criteria is that the Constable has no outstanding Ethical Standards Department files – i.e.
complaints or disciplinary matters.
27
of experienced and non-experienced members in regions. Perhaps more importantly,
the process promotes people into more senior positions without a need for them to
demonstrate the skills or knowledge required to undertake the role.
The current process of ‘in-situ’ promotion is not necessarily consistent with ensuring the
best or most suitable people are promoted to the rank of Senior Constable. It is also not
consistent with the promotion processes adopted for other ranks across the organisation
– Senior Constables and above – where suitability for a higher ranked position is
demonstrated through merit-based selection (i.e. application and interview).
Appeals
Victoria Police members may appeal a selection decision for transfer or promotion to the
24
Police Appeals Board (PAB). The Police Regulation Act 1958 provides that appeals can be
made on the grounds of ‘efficiency of the candidate’ – where ‘efficiency’ means:
the aptitude and special qualifications necessary for the discharge of the duties of the position
in question, together with merit, diligence, good conduct, quality of service, mental capacity
and physical fitness.
In the case of Inspectors, efficiency also includes the ‘potential to develop the executive ability
and leadership and management skills essential in senior executive positions’, while for Chief
Inspectors to Commanders it includes ‘the executive ability and leadership and management
skills essential in senior executive positions’.
To this end, members may appeal a transfer or promotion decision based on the perceived
ability or character of the person selected for the position.
Concerns have been raised about the basis on which appeals to the board are made. It has
been suggested appeals should be heard on the basis of process and natural justice issues
rather than the personal attributes and ability of the successful candidate. Under the
current legislative provisions, the grounds for appeal amount to a request for a ‘second
opinion’ on the suitability of the candidate chosen for transfer or promotion.
In practice, the re-hearing of a transfer or promotion matter actually amounts to a
request for a ‘more informed opinion’ on the suitability of a candidate. This is because,
as part of a re-hearing, the PAB is entitled to request and consider additional and more
extensive information not available to the original selection panel – for example, the
complaints history of the person selected and the appellants, professional development
and assessment reports, personnel files, and appeal briefs prepared by the successful
candidate and the appellants. Sworn police who applied for the position but were not
selected for interview in the original process may also prepare an appeals brief and
24 The Police Appeals Board also has authority to review some decisions of the Chief Commissioner including
confirmation of promotion or termination of employment, compulsory transfer, discipline hearings, criminal
charge convictions punishable by imprisonment, and inquiries finding a member incapable or inefficient in
performance of duty.
28
appear before the board to demonstrate their ‘efficiency’ as part of a re-hearing. This can
create significant workload issues for the board.
In addition, there is no validation of the information supplied by appellants, which raises
the issue of how the PAB can adequately assess the ‘efficiency’ of two or more candidates
when there is no means to verify what is being submitted in support of the claims made
by those involved in the process.
Analysis of the workload data of the PAB in 2008–2009 further strengthens arguments for
changing the process and criteria upon which appeals can be heard. This is particularly
apparent when considering the high proportion of appeals withdrawn by appellants and
the low percentage of appeals actually upheld by the PAB (Police Appeals Board, 2009).
25
In 2008–2009, 495 appeals were finalised by the PAB. Of these, approximately half (243
appeals or 49%) were withdrawn by appellants or lapsed. Of the remaining 252 appeals
that were heard, only 22 were allowed. This represents 9% of those appeals heard, and
only 4% of those finalised in the last financial year.
26
The increasing workload and timeliness of the PAB have also been identified as concerns.
In the last five years, the proportion of selection decisions appealed by Victoria Police
members has significantly increased. In 2003–04, 9% of advertised transfer and promotion
decisions were appealed compared to 25% in 2008–09, representing one in four selection
decisions in the last financial year. It has been suggested this increase is related to the
decrease in the number of advertised positions. Members are becoming more competitive
in an environment of fewer advertised vacancies and decreasing staff attrition.
27
In terms of timeliness, the number of days between appeal lodgement and hearing in the
last financial year was 74 days. While this is a reduction on the number of days taken in
the previous financial year, it highlights that those transfers and promotions subject to
appeal are taking over two months on average to finalise. This delay, coupled with the
average time it takes to complete a selection process (40 days), means it can take Victoria
Police up to 114 days to fill a position.
Such delays ultimately affect the organisation in advertising and filling vacancies, and
police undertaking their duties. In addition, lengthy delays in finalising promotion and
transfer decisions may threaten staff morale, motivation, and productivity within the
workplace.
Victoria Police needs a mechanism for police to appeal any flawed selection process.
This review will consider options which give effect to the right of police to appeal while
ensuring an efficient and fair process.
25 Between 01/07/08-30/06/09, 517 appeals were lodged with the PAB, 80 appeals were carried over from the
previous financial year, and 102 appeals were outstanding as at 30/06/09.
26 The time taken to resolve an appeal has also been attributed to the availability of members who may be on leave,
attending training or courts, and on overseas deployments (Police Appeals Board, 2009).
27 Also identified as a contributing factor was the advertisement of a large number of Inspector positions and the
subsequent multiple appeals against each of these selections (Police Appeals Board, 2009).
29
Interstate mobility
Mobility of police members between Australian states and territories is an issue that has
plagued state and territory police services for the past two decades. The main impediment
for police officers transferring to other jurisdictions is the perceived differences in role
and rank requirements to fill similar positions across states and territories. Generally,
members wanting to move interstate are required to complete some form of recruit
training – whether in full or an abridged version – and may be required to commence at
a lower rank and salary before being eligible to apply for positions at their former rank.
In Victoria, there are no lateral transfers available to police members from other
jurisdictions. Potential applicants may apply for recognition of skills and policing
experience, which, if granted, allows a member to complete a reduced period of six weeks
recruit training, instead of the 23-week course.
There are no legal impediments preventing Victoria Police from recruiting sworn officers
at lower ranks from other jurisdictions. Indeed, the current provisions do not apply to
officers at the level of Commander and above who are able to gain lateral entry from
another police service. Rather, it seems the barriers for lower ranked officers are historical
and policy based. Victoria Police may wish to consider removing these barriers in order
to attract and retain skilled and experienced police officers.
Research focus
The review will examine the following transfer and promotion issues:
• Provisions governing the transfer of members and officers within Victoria Police;
• Processes for ensuring that the best people are selected for promotion to vacant
positions across the organisation;
• Processes for strengthening the merit and efficiency of the appeals process;
• Strategies to attract, and maximise the skills and experience of officers wanting to
transfer from other Australian or overseas policing services.
Movement of staff
In building a flexible and responsive workforce, an organisation needs to be able to shift
resources to meet current and future demands, and maximise the skills and experience
of its members. In addition to transfer provisions and regulations governing Victoria
Police, practices adopted to move Victoria Police members throughout the organisation
include tenure, relocation, redeployment and rotation of staff.
Tenure
Perhaps one of the more contentious issues in policing is that of tenure. Tenure refers
to a specific length of time a member can stay in a particular position before being
30
rotated. The application of tenure to certain police positions has traditionally been
associated with integrity concerns and problems related to members working in high-
risk misconduct and corruption areas. It is based on the premise that moving or rotating
people within these areas – particularly specialist squads such as drug squads – reduces
the risk of corruption and misconduct by preventing stagnation and the development of
inappropriate relationships. More recently, however, tenure has been promoted and used
as a means by which the organisation can plan succession, refresh the balance of skills
and experience within regions, and allow members to broaden their own experiences
and career development.
Victoria Police has a minimum tenure on all advertised positions which requires a member
to stay in a position for two years before being able to apply or transfer to another position.
Maximum tenure is less commonly applied in Victoria Police, although some positions do
have upper limits on the time a member can spend in this role – for example the drug
squad and clandestine laboratory squads have three-year maximum tenure on positions
before sworn officers are rotated to another area within the Crime Department. Similarly,
Senior Sergeants transferred to the police academy have a three-year maximum tenure
on education and training positions to ensure currency in teaching.
One of the issues raised as part of this review, is whether a maximum tenure should be
more widely applied to positions within Victoria Police to better refresh and strengthen
the capability of the organisation and provide for further development of staff. Some
alternative views have been expressed in relation to tenure. It has been suggested
there is no need to expand maximum tenured positions within Victoria Police – which
may disadvantage members – when there are other organisational systems that could
achieve similar goals, for example, effective management and supervision, performance
management, natural attrition and staff movement through transfer and promotion
and other career development opportunities such as deployments and secondments. In
addition, some have highlighted that some police positions – which attract significant
organisational investment in specialist education and training, and require significant
time spent in the field to develop expertise – are strengthened by the longer term retention
of specialist staff. As such, tenure may weaken the organisation’s capacity if applied to
these areas. To this extent, any tenure policy would need to consider maximising an
organisation’s return on investment in people and maximising the skills and experience
of sworn officers in key policing areas.
Similar concerns have been raised in relation to the rotation of Inspectors and
Superintendents within the organisation.
Inspector and Superintendent rotations
All Commissioned Officers, including Inspectors and Superintendents are attached to
the Office of the Chief Commissioner. In Victoria Police, these ranks are subject to a
rotation system which allows the Chief Commissioner to move officers to any location
31
within a region or department. The provisions governing the rotation of Inspectors and
Superintendents include where:
• they have been in the current Region or Department for 5 years or more;
• there are organisational needs;
• there are development needs; and
• individuals who have been in their roles for two or more years request to be considered
for rotation and this is supported by their manager.
Like transfer and mobility policies, Inspector and Superintendent rotations provide
Victoria Police with the means to move Commissioned Officers to meet organisational
needs while providing for suitable career development. The policy has however received
some criticism. There have been objections to moving officers and their families simply
to ensure compliance with the policy, especially when moving them from country areas
to metropolitan areas which may result in financial burden, and when moving officers
who are completely satisfied in their current positions and are performing their roles
adequately and in accordance with the expectations of the organisation. Concerns have
also been raised about the use of the rotation policy to manage underperformance –
whether perceived or real – effectively relieving senior managers of taking responsibility
for poor performance. In these cases, the rotation of poor performers merely shifts the
problem elsewhere.
While policies which result in sworn officers being moved between posts have been
promoted as a means to enhance the personal and career development of individuals,
some have suggested it could actually be a risk to the organisation. This is apparent when
considering the potential loss of corporate knowledge, the difficulties associated with
succession planning, the loss of continuity in managing new strategies or innovations,
the potential weakening of community relationships, and the reduction of expertise in
command and control and emergency management that may occur when less experienced
officers or those who are not a best-fit are filling positions.
Relocation and redeployment
A final issue in relation to the mobility practices of Victoria Police concerns relocation and
redeployment of staff. This review will examine the incentives and provisions provided
to members in support of movement in accordance with these policies.
Research focus
In examining the work practices for transferring or moving staff, the project team will
consider strategies to ensure that Victoria Police:
• can flexibly move staff to where resources are needed;
• can attract the right people to regional or rural areas;
32
• has the right balance of police numbers, skills and experience across the state;
• has appropriate career and skill development opportunities for members; and
• has appropriate terms and conditions underpinning relocation and redeployment.
Return to work
In October 2008, Victoria Police introduced a new mobility policy for sworn employees
unable to perform their duties due to a work or non-related work injury or illness. The aim
of the policy is to ensure ill or injured members can remain employed by the organisation
where there are positions that can accommodate their medical restrictions on an ongoing
basis.
Three options are available to staff returning from work after a period of sick leave or
workers compensation:
• return to the pre-injury or gazetted position to undertake the same or modified duties;
or
• transfer or be redeployed to another position; or
• be medically discharged from Victoria Police.
Victoria Police members are not able to occupy a uniform position and work in an
operational capacity if they are not Operational Tactics and Safety (OTS) training
qualified (formerly known as Operational Safety Tactics training). This includes positions
in stations and shop fronts. One of the challenges for Victoria Police is how to better
reintegrate workers who are no longer in a position to carry out their operational duties
or maintain an OTS qualification.
People need to have the right skills and experience to undertake the work – or at least have
access to adequate training to allow them to fulfil the functions of the role, for example,
members moving from operational to policy or administrative roles. Potential problems
for the organisation may arise when the person who has returned from sick leave or
workers compensation may not be qualified for the position, may not be interested in the
work, or may be financially disadvantaged by the position or alternatives being offered.
In these cases Victoria Police needs to ensure there are adequate systems in place to
maintain the motivation and enthusiasm of members while maximising their skills and
experience, and still providing career and personal development opportunities.
A separate issue that has been raised in relation to members who are ill or injured is
the conflicting provisions governing paid leave for employees accessing workers
compensation. More specifically, this relates to the period of time employees can be
held against their positions before Victoria Police is able to consider more permanent
arrangements (for example, transfer to another position or medical discharge). The
Accident Compensation Act 1985 provides that members may take up to 52 weeks paid
33
28
leave , while the Victoria Police Enterprise Bargaining Agreement provides for up to 104
weeks. This situation will need to be examined to address potential staffing issues, which
may impact on business outcomes and service delivery.
Operational readiness
When required, Victoria Police can deploy large numbers of operational police to manage
planned or unforeseen security events across the state. Recent examples of this include the
Safe Streets Initiative, Operation Unite, the G-20 Summit and the Commonwealth Games.
As identified in the section on police strength, Victoria Police has the lowest proportion
of operational members compared to other states and territories. One of the issues raised
as part of our review was whether regular testing of members should be introduced to
ensure police officers continue to meet entrance criteria and remain operationally ready.
OPI examined Operational Safety Tactics training by Victoria Police as part of its Use of
Force report (2009). The report was critical of the system of training sworn police.
Following the key findings of OPI’s review and its own internal review, Victoria Police
implemented changes to its training, which is now referred to as Operational Tactics
and Safety training. The revised training has reverted to two days training every six
months and there is a strong emphasis on tactical communication, conflict resolution,
and managing incidents involving people with mental health issues. From January 2010,
Operational Tactics and Safety training will be undertaken by every operational police
officer in the organisation including Commissioned Officers.
The capacity of Victoria Police to remain operationally ready will be examined further as
part of this review.
Research focus
The project team will consider how Victoria Police can:
• better integrate employees who are returning from illness or injury;
• ensure the motivation and interest of staff returning to work is maintained; and
• manage people who are not able to maintain their Operational Tactics and Safety
training qualification.
The project team will also monitor the status of OPI’s recommendations on use of force.
Exit
In the 2008–2009 financial year, 366 police members separated from Victoria Police, which
was 23 fewer officers than the previous year. The majority of these people separated by
29
resignation (132 people), age retirement (94 people), and ill-health retirement (72 people).
28 See Section 155A(3)(d)(i) of the Accident Compensation Act 1985
29 Unpublished data provided by Victoria Police.
34
Two key issues raised in relation to staff separations during our consultations were age
retirements and the Chief Commissioner’s power of dismissal.
Age retirement
Under the Police Regulation Act 1958, sworn police, with the exception of the Chief
Commissioner, are eligible for age retirement at ‘the age of 50 years or at any time
30
thereafter’. The Emergency Services Superannuation Act 1986, which governs superannuation
for Victoria Police, complements this by allowing access to superannuation upon or
31
after the age of 50 years. Current federal legislation however overrides the provisions
of the Emergency Services Superannuation Act and provides that employees, including
sworn police officers, are eligible to access their superannuation once they reach their
preservation age.
32
Rather than defining a universal age for employees, the preservation age for accessing
superannuation is dependent on the date of an employee’s birth. This is set out in Table 2.
Table 2: Preservation age for superannuation
Date of birth
Preservation age
Before 1 July 1960
55
1 July 1960 – 30 June 1961
56
1 July 1961 – 30 June 1962
57
1 July 1962 – 30 June 1963
58
1 July 1963 – 30 June 1964
59
After 30 June 1964
60
Source: Super and your retirement: introduction for retirees. Australian Tax Office,
November 2007
In short, sworn officers born before 1960 are eligible to access superannuation
benefits once they reach 55 years, while those born after 1964 can access it once they
reach 60 years.
Upon reaching their preservation age, employees have three main options:
• access their superannuation and retire;
• access their superannuation (through ‘transition to retirement’ income) and reduce
their working hours; and
30 The age of retirement for the Chief Commissioner is 55 years or older.
31 See Section 20D, Emergency Services Superannuation Act 1986.
32 See Super and your retirement: introduction for retirees. Australian Tax Office, November 2007
35
• continue working and access their superannuation at 65 years even if they
haven’t retired.
Different provisions govern how employees can access superannuation under each of
these options, including how much superannuation can be accessed, and the rate of tax
applied to each option. For example, superannuation benefits are tax-free if paid from a
taxed source and the person is 60 years or over.
33
In effect the federal legislation prevents sworn police from accessing superannuation
until they are older. The difference between when Victoria Police officers are eligible for
age retirement and when they are eligible to access superannuation benefits has been
identified as a potential workforce participation issue for the organisation and individuals,
particularly for operational police. This issue arises when sworn police choose to remain
in the workforce longer to maximise the benefits of superannuation.
For operational police, later retirement may mean that some officers may no longer be
willing to undertake operational work, or may no longer be able to adequately perform
it. In its submission to the Australian Federal Government on Australia’s Future Tax
System, the Police Federation of Australia argued sworn police should be exempt from
the standard superannuation preservation age. While the Association proposed police
be able to retire from 55 years, its view was that greater flexibility is required for police
on the grounds ‘policing is particularly physically and psychologically demanding and
dangerous work and generally involves extensive years of shift work, all of which take a
severe toll on officers’.
34
Forced retirements are inconsistent with policies aimed at maximising the skills and
experiences of sworn officers, particularly in an ageing population. They are also unfair
if officers are competently performing their duties and are happy to continue to do so.
The issue for Victoria Police however is how best to manage operational staff who are
at retirement age and may not be in a position to continue in their current role either
physically or mentally.
Dismissal
Section 68 of the Police Regulation Act 1958 provides the Chief Commissioner with
authority to dismiss Victoria Police members. It sets out that the Chief Commissioner
may dismiss a member if satisfied the member is unsuitable to continue as a member
of the organisation, having regard to (a) the member’s integrity; and (b) the potential
loss of community confidence in Victoria Police if the member were to continue in the
organisation.
For sworn officers, dismissal from Victoria Police may follow:
• a disciplinary inquiry where the charge against the member has been proven, or
33 Taxed-source refers to funds where tax is paid on contributions and earnings.
34 Submission to Australia’s Future Tax System, Police Federation of Australia – 17 October 2008. See www.pfa.org.
au/files/uploads/Taxation_Review_Submission_October_2008.pdf
36
• an inquiry into the fitness for duty which finds the member to be incapable of
performing or inefficient in performing their duties.
35
Before the Chief Commissioner can dismiss a sworn officer under Section 68 of the Act,
he or she must:
• give the member a notice setting out the grounds on which he or she considers the
member to be unsuitable to continue as a member of Victoria Police;
• give the member at least 21 days in which to make written submissions in relation to
the proposed dismissal; and
• take into account any submissions made by the member during that period.
In addition, the order given to the sworn officer must set out the reasons the Chief
Commissioner is satisfied the member is unsuitable to continue.
Since 2005, 22 police officers have been dismissed from Victoria Police, including one
person in the last financial year.
36
Section 68 of the Police Regulation Act 1958 was most recently examined by OPI in its
review of the Victoria Police discipline system (2007). The OPI found that the current
dismissal process is ‘complex, lengthy and a source of delay and difficulty for Victoria
Police in ridding itself of its worst members’.
OPI recommended major reform to the discipline system, including changes to the process
available to the Chief Commissioner to dismiss members. It stated ‘the better approach for
dismissing officers is by way of a streamlined discipline process which provides natural justice to
members concerned but is done in a prompt manner’. In particular, OPI recommended the
‘no confidence’ procedure be replaced by an investigation and ‘show cause’ process ‘on
the papers’.
The recommendations made by OPI were considered by Parliament in 2008 and 2009
as part of its deliberations on proposed amendments to the Police Regulation Act 1958.
However the recommendations relating to the authority of the Chief Commissioner to
dismiss sworn officers were not supported.
OPI continues to support the streamlining of the process available to the Chief
Commissioner to dismiss police officers. This issue will be considered further in the
context of this review.
35 Section 315-1, Victoria Police Manual Discharge of Employees.
36 Refers to last five financial years (2004–2005 to 2008–2009). Unpublished data provided by Victoria Police
37
Research focus
In addressing issues related to staff exits, the project team will consider strategies for
Victoria Police to:
• more effectively manage people who are no longer meeting the role requirements or
expectations of Victoria Police;
• increase the retention and motivation of skilled and experienced staff, including those
who are eligible for age retirement; and
• streamline the process for the Chief Commissioner to dismiss someone who is no
longer suitable to remain a member of Victoria Police.
38
Next steps
This review aims to ensure Victoria Police has a framework to deliver a contemporary,
flexible and professional policing service that is able to meet the changing needs of
Victorian communities.
In developing this framework, OPI will seek to ensure Victoria Police workplace practices:
• provide for the effective management of a professional and flexible workforce;
• are consistent with the maintenance of the highest ethical and professional standards
in Victoria Police;
• are consistently applied; and
• are reflective of best practice and consistent with contemporary policies and practices
in other jurisdictions and other public sector workplaces.
OPI’s consultations to date have shown that Victoria Police is currently undertaking some
significant work in relation to work practices and policy reform, especially in the areas of
education and training, and transfer and promotion. While it is not the intention of OPI
to duplicate this work, part of OPI’s role in undertaking this review is to ensure Victoria
Police has considered and is well placed to address the issues raised as impediments to
flexible and professional policing.
Over the next few months the project team will examine more closely the issues
identified in this paper. OPI will conduct a series of semi-structured interviews with
key stakeholders including Victoria Police Command, metropolitan and regional police
stations, the Police Association, the Police Appeals Board and Ombudsman Victoria.
Other public sector and community agencies will also be consulted.
In addition, a series of focus groups with Victoria Police members and officers will
be facilitated. The purpose of these focus groups is to obtain members’ views on the
identified workplace issues and to discuss any suggested strategies or recommendations
for improving policies or processes.
39
References
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Change. London: Oxford Research Group.
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Australian Federal Police. (2007). International Policing Toward 2020 - The Outcomes.
Canberra, 19-21 November 2007.
Lynch, J. (2005). Looking to the Future: implications of emerging trends for police workforce
planning. South Australia: Australasian Centre for Policing Research.
Naim, M. (2003). The Five Wars of Globalisation. Foreign Policy Magazine, January-February,
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Office of Police Integrity. (2007). Ceja Task Force Drug Related Corruption: third and final
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