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A Critical Analysis of the Purposes of the Queensland Police Move-On Powers

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A Critical Analysis of the Purposes of the Queensland Police Move-On Powers The reasons and the reality: A critical analysis of the purposes of the Queensland police move-on powers Megan McKay Bachelor of Arts Humanities Program Queensland University of Technology This thesis is submitted in partial fulfilment of the degree of Bachelor of Arts (Honours) 2008 “The legislation spells out clearly what it [the Queensland police move-on powers] is to be used for. We are not singling out any particular group” – The Honourable Theo Cooper (then Minister for Police and Corrective Services and Minister for Racing) (Queensland Parliament, 1997c, p. 4393). “Move-on powers are not focused on any particular age group, sex, colour or race within the community. They only come into play when a person acts in a manner contrary to public interest as determined by this parliament” – The Honourable Judy Spence (then Minister for Police and Corrective Services) (Queensland Parliament, 2006d, p. 1814). Interviewer: …You’ve already kind of said young people may be being disproportionately targeted using the powers – do you feel there are any other demographic groups that may be… Jordan: Yeah. Interviewer: …targeted? Jordan: Well, Indigenous people, obviously, and people with mental illness. Ah, they’re the, the main one and, y’ know, homeless people. Megan McKay 04404254 ii Note Where reference is made in this thesis to a piece of legislation or policy that is currently in force, the version of the piece of the legislation or policy referred to is that which was in force as on October 9, 2008. Amendments to these legislative acts and policies, including their repeal, may have been made subsequent to this date. Megan McKay 04404254 iii Abstract This thesis explores the purposes and practice of the Queensland police move-on powers, a topic which, to date, has been largely unexplored in social research. Move-on powers are powers that are used to direct persons to leave a specified place, typically a public space, on the basis of their behaviour and/or presence. While such powers exist in multiple jurisdictions in Australia and overseas, the Queensland police move-on powers are the primary focus of this research. A triangulated method of gathering information was applied in this research. A quantitative content analysis was utilised to identify the espoused and underlying purposes of the Queensland police move-on powers as provided by the Queensland State Government. Qualitative semi-structured interviewing was utilised to explore how front- line witnesses to the Queensland police move-on powers describe the purposes and practice of these powers, as well as establish a platform for how the Queensland police move-on powers and their practice could be further investigated. Existing academic research and anecdotal reports have indicated that the Queensland police move-on powers are being practiced for purposes other than those stated explicitly by the Queensland State Government as to how the powers would be used. The findings of this thesis indicate that the Queensland police move-on powers are being disproportionately applied to marginalised demographic groups, specifically young people, homeless people, Indigenous people and people with a mental illness. Furthermore, the powers are being used to move on persons for behaviours – namely chroming and experiencing an episode of mental illness in public – that were not presented by the Government as purposes of the powers. The incongruence between the purposes and practice of these powers is explained using espoused theory versus theory- in-use and front-line bureaucracy theory (Argyris & Schon, 1974; Lipsky, 1980). As this thesis explores the move-on powers from sociological, public space management and policy implementation perspectives, its findings have potential implications for policy development and policing. Megan McKay 04404254 iv Table of contents Note iii Abstract iv Table of contents v List of tables xi List of figures xiii Abbreviations xiv Statement of authorship xv Acknowledgments xvi CHAPTER 1: INTRODUCTION 1 Aims and objectives 5 Research question 5 Methodology 6 Epistemology 7 Theoretical position 7 Thesis structure 8 Significance of the thesis 9 Conclusion 10 CHAPTER 2: LITERATURE REVIEW 11 Literature on the topic of move-on powers 12 Current concepts and practice: Move-on legislation since the 1980s 12 The Queensland police move-on powers 14 Move-on powers in other jurisdictions in Australia and overseas 17 Megan McKay 04404254 v Gaps in the literature 19 Theoretical literature 20 Neo-liberalism 21 Public space theory 22 Front-line bureaucracy theory 24 Espoused theory versus theory-in-use 24 ‘Moral panics’ theory 25 Critiques of ‘moral panics’ theory 26 Conclusion 27 METHODOLOGY 28 Content analysis 28 Research design 29 Data analysis 33 Qualitative semi-structured interviewing 34 Research design 35 Data analysis 39 Methodological significance 40 Methodological limitations 40 Reliability and validity 42 Ethical considerations 44 Conclusion 45 Megan McKay 04404254 vi CHAPTER 4: THE ESPOUSED AND UNDERLYING PURPOSES OF 46 THE QUEENSLAND POLICE MOVE-ON POWERS Purposes of the Queensland police move-on powers 46 Purposes provided by the Queensland Premier, Ministers and 51 backbenchers Queensland State Premier and political party in power at the time of 54 publication ‘Stated purposes’ or ‘related theme’ 55 Type of publication 56 Analysis of findings 58 Purposes provided where the purposes is a reason for which a person 58 can be moved on according to the PPRA 2000 Purposes provided where the purpose is not a reason for which a 59 person can be moved on according to the PPRA 2000 Young people 60 Gatecrashers 61 Homeless people, Indigenous people and people with a mental illness 62 Protecting a vulnerable demographic group 63 As an alternative to arrest 66 Concern regarding the large number of purposes which are not 66 reasons for which a person can be moved on according to the PPRA 2000 Analysis of possible underlying purposes 67 Limitations of the content analysis 69 Conclusion 70 Megan McKay 04404254 vii CHAPTER 5: FRONT-LINE WITNESSES’ DESCRIPTIONS OF THE 71 PURPOSES AND THE PRACTICE OF THE QUEENSLAND POLICE MOVE-ON POWERS Front-line witnesses’ descriptions of the purposes of the Queensland 72 police move-on powers Dealing with ‘inappropriate’ and ‘threatening’ behaviour 73 “A tool to enable police to oppress people and control them” 74 Front-line witnesses’ descriptions of the practice of the Queensland 75 police move-on powers “Only at the cricket”: The practice of the Queensland police move-on 75 powers according to police “Really in your face kind of stuff”: Moving on chroming 76 Targeting the marginalised 77 Front-line witnesses’ descriptions of the problems with the Queensland 80 police move-on powers “I doubt that the data exists” 81 “The legislation’s so broad” 82 “From one offence, the person’ll be charged with five” 83 Discretion 84 Low-level operational constables: The real policy makers 86 Misuse of the Queensland police move-on powers 87 Recommendations for further investigation of the Queensland police 89 move-on powers Conclusion 91 Megan McKay 04404254 viii CHAPTER 6: DISCUSSION 92 Purposes of the Queensland police move-on powers 92 A comparison of the purposes of the move-on powers presented by the 94 Queensland State Government to those purposes presented by front- line professionals Are the Queensland police move-on powers being practiced for 98 purposes other than those stated explicitly by the Queensland State Government as to how the powers would be used? Disproportionate application of the Queensland police move-on 98 powers to marginalised demographic groups Moving on chroming and persons with mental illness 99 Incongruence between the purposes and the practice of the Queensland 100 police move-on powers Incongruence between the legislation and application 102 Conclusion 105 CHAPTER 7: CONCLUSION 107 Addressing the research aims 107 1. What are move-on powers? 107 2. What are the origins, rationale and nature of move-on powers? 108 3. What are the espoused and underlying purposes of the Queensland 108 police move-on powers as provided by the Queensland State Government? 4. How do front-line witnesses to the Queensland police move-on 110 powers describe (1) the purpose/s of the Queensland police move-on powers; and (2) the practice of the Queensland police move-on powers? Megan McKay 04404254 ix 5. What would be necessary to investigate the espoused and underlying 112 purposes of the Queensland police move-on powers and the actual practice of these powers? Significance of findings 112 Limitations of this study and strategies for further investigation of the 114 Queensland police move-on powers Conclusion 115 APPENDICES 116 Appendix A: Sections of the Police Powers and Responsibilities Act 2000 117 (Qld) relevant to the Queensland police move-on powers Appendix B: Full list of documents included in content analysis 121 Appendix C: Content analysis protocol including summary of codes 122 Appendix D: Email survey 151 Appendix E: Qualitative semi-structured interview schedule 152 Appendix F: Email stating ethical clearance 156 Appendix G: Descriptions of the types of organisations at which 157 interview participants are employed Appendix H: Thematic analysis codebook 158 REFERENCES 178 Megan McKay 04404254 x List of tables Table 3.1 Demographic information on interviewees 38 Table 4.1 The purposes of the Queensland police move-on powers that were 48 presented in the text which are reasons for which a person can be moved on according to the
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