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Legislative Council Parliamentary Debates (HANSARD) FORTIETH PARLIAMENT FIRST SESSION 2020 LEGISLATIVE COUNCIL Thursday, 24 September 2020 Legislative Council Thursday, 24 September 2020 THE PRESIDENT (Hon Kate Doust) took the chair at 10.00 am, read prayers and acknowledged country. NOISE ABATEMENT WALL — CLAUGHTON RESERVE Petition HON TIM CLIFFORD (East Metropolitan) [10.02 am]: I present a petition containing 25 signatures couched in the following terms — To the Honourable the President and Members of the Legislative Council of the Parliament of Western Australia in Parliament assembled. We the undersigned say a proposed lack of noise abatement wall along the Tonkin Highway adjacent to Claughton Reserve and across the Redcliffe Bridge will see noise levels at the reserve and nearby homes rise to unacceptable levels, which will severely impact the local amenity. We therefore ask the Legislative Council to call on the Minister for Transport and Planning to immediately address our concerns by installing noise abatement walls adjacent to Claughton Reserve and across the Redcliffe Bridge as part of the Tonkin Gap Project. Your petitioners, as in duty bound, will ever pray. [See paper 4370.] PAPERS TABLED Papers were tabled and ordered to lie upon the table of the house. JOINT STANDING COMMITTEE ON THE CORRUPTION AND CRIME COMMISSION Fifteenth Report — “If Not the CCC … Then Where? An Examination of the Corruption and Crime Commission’s Oversight of Excessive Use of Force Allegations against Members of the WA Police Force” — Tabling HON JIM CHOWN (Agricultural) [10.05 am]: I am directed to present the fifteenth report of the Joint Standing Committee on the Corruption and Crime Commission titled “If Not the CCC … Then Where? An Examination of the Corruption and Crime Commission’s Oversight of Excessive Use of Force Allegations against Members of the WA Police Force”. [See paper 4371.] Hon JIM CHOWN: Since its formation at the beginning of the fortieth Parliament, the committee has been concerned about the way incidents involving excessive use of force by police officers in Western Australia are either investigated or oversighted by the Corruption and Crime Commission. A review of historical cases suggested that the approach of the CCC had changed significantly over time. This is particularly so since 2015, when the CCC began a more targeted and strategic approach to carrying out its oversight functions across the public sector, including the Western Australia Police Force. As a result, the committee was interested to see whether the CCC was providing consistent, accountable and effective oversight of the Western Australia Police Force, as envisioned by the Kennedy Royal Commission. Key questions included how many allegations were closely looked at by the CCC, and which allegations were deemed worthy of independent investigation. Most allegations of excessive use of force are investigated internally by WA police. The CCC closely oversights a small number of these investigations, and independently investigates an even smaller percentage of allegations. Overall, fewer than five per cent of allegations were ultimately sustained between 2013 and 2019. Oversight of misconduct and corruption within the Western Australia Police Force is the responsibility of the CCC and should be seen as a core function in line with its genesis in the Kennedy Royal Commission. Significant powers are entrusted to members of the Western Australia Police Force, allowing officers to legitimately use force in order to carry out their duties. The abuse of such powers through the use of excessive force can erode public confidence in the Western Australia Police Force. Robust police oversight by the CCC is needed in order to maintain public confidence. The committee came to the view that police oversight should be prioritised over and above other strategic themes identified by the CCC. In addition, robust oversight of police extends beyond individual cases to systemic problems. The CCC is uniquely vested with the capabilities to exercise oversight of the Western Australia Police Force by interrogating and auditing police data for trends and actions taken by individual officers. The committee heard from complainants about their experiences in making a complaint about police excessive use of force to the CCC. In some circumstances, complainants hesitated to make a complaint because of a lack of confidence in the complaint process. Some complainants found the process circular, confusing, costly and time [COUNCIL — Thursday, 24 September 2020] 6413 consuming. Equally concerning to the committee are those instances in which people who may have been subject to excessive use of force do not make a complaint at all. The committee was troubled to hear that over the past two years, the Aboriginal Legal Service of Western Australia has referred only a handful of matters to the CCC because the ALS perceives that it very rarely conducts its own investigations into complaints about police. The ALSWA raised a number of concerns about the CCC’s lack of responsiveness to the needs of Aboriginal people, including the identification of ongoing systemic issues. As the title of this report indicates, if the CCC does not fully embrace its role as the only independent oversight body, where are complainants to go? How can the public be confident that police powers are subject to adequate scrutiny? I commend the report to the house. STANDING COMMITTEE ON ENVIRONMENT AND PUBLIC AFFAIRS Fifty-fifth Report — “Overview of Petitions 1 January 2019 to 30 June 2019” — Tabling HON MATTHEW SWINBOURN (East Metropolitan) [10.10 am]: I am directed to present the fifty-fifth report of the Standing Committee on Environment and Public Affairs, titled “Overview of Petitions 1 January 2019 to 3 June 2019”. [See paper 4372.] Hon MATTHEW SWINBOURN: The report that I have just tabled advises the house of the petitions that were finalised by the committee during the six-month period between January and June 2019. During this period, 21 new petitions were tabled in the Legislative Council and the committee concluded its inquiries into 31 petitions. Petitions finalised during the reporting period related to a range of issues and community concerns. Planning and transport matters always constitute a significant proportion of petitions, with petitioners expressing concern about the environmental and social impact of particular development proposals or planning decisions. Interestingly, during the reporting period, the committee considered two opposing petitions regarding the southern section of the Bunbury Outer Ring Road—one calling for an alternative route and the other supporting the original alignment. Also of note, a petition opposing the way in which police officers are medically retired saw the Commissioner of Police suspend the exercise of the disputed process until new medical retirement provisions are in force. During the reporting period, the committee also initiated its inquiry into children and young people on the sex offenders register, which stemmed from the petition number 70. Copies of public evidence relating to petitions, including submissions and government responses, are also available on the committee’s webpage. I commend the report to the house. Fifty-sixth Report — “Overview of Petitions 1 July 2019 to 30 June 2020” — Tabling HON MATTHEW SWINBOURN (East Metropolitan) [10.12 am]: I am also directed to present the fifty-sixth report of the Standing Committee on Environment and Public Affairs, titled “Overview of Petitions 1 July 2019 to 30 June 2020”. [See paper 4373.] Hon MATTHEW SWINBOURN: The report that I have just tabled advises the house of the petitions that were finalised by the committee during the 12-month period between July 2019 and June 2020. During this period, 31 new petitions were tabled in the Legislative Council and the committee concluded its inquiries into 35 petitions. Petitions finalised during the reporting period related to a broad range of social, health, environmental and planning issues; for example, petitioners expressed concern about rural crime, youth violence in Cockburn, labour-hire practices, parking congestion at schools, the muzzling of greyhounds, the closure of the Quadriplegic Centre, palliative care in regional areas and water rights in north Wanneroo. The committee held a public hearing with the Department of Water and Environmental Regulation in relation to a petition that opposed the southern forests irrigation scheme on economic, equity and environmental grounds. Concern about the environment was the focus of a number of petitions, including those relating to the Walpole Wilderness and Marine Park, a ban on helium balloons, environmental project allocations under the royalties for regions scheme, the North West Shelf extension and motorbike racing at Lake Leschenaultia. Copies of public evidence relating to petitions, including submissions and government responses, are also available on the committee’s webpage. I commend this report to the house. DISALLOWANCE MOTIONS Notice of Motion 1. Curtin University Statute No. 12—Admission and Enrolment. 2. Curtin University Statute No. 5—Election of Council Members. 3. Vocational Education and Training (Colleges) Amendment Regulations (No. 2) 2020. 4. Mines and Petroleum Regulations Amendment (Fees and Charges) Regulations 2020. Notices of motion given by Hon Robin Chapple. 6414 [COUNCIL — Thursday, 24 September 2020] McGOWAN GOVERNMENT — PUBLIC SECTOR MANAGEMENT Notice of Motion Hon Tjorn Sibma gave notice that at the
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