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Inquiry Into Criminal Activity and Law Enforcement During the COVID-19 Pandemic the Pandemic's Impact on Crime

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Inquiry Into Criminal Activity and Law Enforcement During the COVID-19 Pandemic the Pandemic's Impact on Crime ABN 31 384 184 778 Level 1, 21 Murray Crescent GRIFFITH ACT 2603 Tel: (02) 6239 8900 Fax: (02) 6239 8999 The Secretary Parliamentary Joint Committee on Law Enforcement PO Box 6100 Parliament House Canberra ACT 2600 [email protected] Inquiry into criminal activity and law enforcement during the COVID-19 pandemic The Police Federation of Australia (PFA) thanks the Committee for the opportunity to make a submission to this Inquiry. As the Committee is aware, the PFA represents the professional and industrial interests of in excess of 64,000 police officers across every police jurisdiction in the country. The Pandemic’s Impact on Crime: Much of the current anecdotal evidence points to a decrease in many crime types during the COVID-19 pandemic period. However there have been contrasting trends in other crime types. For instance, data from Western Australia for 2019-20 crime rates, indicate that while overall offence rates declined by more than 5.2 per cent, Offences Against the Person (“violent offences”) increased 5.1 percent. In contrast, the rate of offences against property fell by 9.3 per cent. The rate of property offences being the lowest recorded over the last 13 years. Rates for family-related offences in WA also increased, including threatening behaviour (14.1 per cent) and assault (9.5 per cent). Rates for both were the highest ever recorded, while graffiti experienced the highest increase of all at 18.4 per cent. 1 It must be noted the above data does not solely relate to the COVID period and would need to be more thoroughly evaluated during that specific time frame but offers an indication of likely trends. At this early stage, the PFA has not been able to obtain comparative data from other jurisdictions. However, we hope that such data will be available by the time the Committee commences public hearings. It should be noted that most of the current data around COVID-19’s impact on crime in Australia is still being based on media reports, which draws on crime data, generally provided by police, however limited details of that data have been critically analysed. An analysis of crime statistics, again from Western Australia, indicates that the pandemic has had a devastating impact on family and domestic violence in the first 6 months of 2020. The number of assaults and threatening behaviour offences were more than 14.5 per cent higher than the baseline average of previous years and breaches of violence restraining orders were also higher than average. The Australian Institute of Criminology (AIC) is involved in various research initiatives, including; the impacts of social distancing measures on recorded crime such as violent crime and property crime and of particular importance, research into family and domestic violence trends. A Report released by the AIC in mid-July, 2020 titled the prevalence of domestic violence among women during the COVID-19 pandemic, reported on a survey conducted in May 2020, where 15,000 women were surveyed using an online panel methodology, where they were asked about their experiences of domestic violence by a current or former partner in the three months prior to the survey. For many women, the pandemic coincided with the onset or escalation of violence and abuse. The survey can be located at – https://www.aic.gov.au/publications/sb/sb28 Some crime statistics coming from police and other crime data agencies indicate no increase in domestic violence reports, yet other reports suggest that 50 percent of domestic violence service providers in New South Wales reported an increase in demand following the onset of the pandemic in February. At the same time, some domestic violence helplines have recorded a drop in calls of up to 30 percent, however none of this data has been subject to rigorous assessment. Again, the expertise of the AIC will be helpful for the Committee in tracking appropriate research into this very important issue. The Australian New Zealand Policing Advisory Agency (ANZPAA) also undertakes work of this nature and they have developed an Innovation and Research team that has the capability and skills to undertake data and research projects and have done work in the family violence space. One of the advantages of ANZPAA doing research work is that policing, as a collective, own the Intellectual Property and not another institution. 2 RECOMMENDATION The PFA recommends that the Committee engage with the AIC and ANZPAA to assist with any in-depth analysis of crime trends, particularly concerning family and domestic violence arising from COVID-19 and direct the Committee to relevant international research. Assaults on Police There can be no doubt that the pandemic has increased the risk of police officers being assaulted on the job. Data provided by the Western Australian Police Union (WAPU) shows a surge in police officers being assaulted in the first 6 months of 2020, 198 incidents of WA Police officers being assaulted, a rate 56.3 percent higher than the average of the previous three years. Almost one quarter of those officers assaulted had been spat on. NSW Police have seen an increase in violence with almost 250 officers a month assaulted. There have been numerous incidents of police officers, simply trying to protect the community from members of the public who are not complying with coronavirus restrictions, being assaulted. Reports of people coughing, spitting and sneezing on police, nurses and other first responders has been well publicised during the pandemic across Australia. These acts remain particularly concerning, especially when offenders claim to be COVID -19 positive, placing greater stress on the victims and their families. As a result, several jurisdictions have acted to introduce specific legislation to cover such incidents and strengthen penalties for attacks on police and emergency service workers. It is the PFA’s view that any act of spitting, sneezing or deliberately coughing on police or other emergency services workers should be deemed a criminal offence, regardless of whether it is during a pandemic or not. Another issue that has been raised within policing, is that a number of jurisdictions have provisions under various forensic procedures type legislation, for offenders to be mandatorily tested for communicable diseases if they knowingly expose an officer to the risk of acquiring that disease. This often occurs where an offender bites or spits blood or the like on an officer. There is a question over whether current provisions in legislation covers an act where an offender deliberately coughs, sneezes or spits on a police officer. Any such legislation across all jurisdictions should be amended to ensure such coverage. RECOMMENDATION That in all jurisdictions where forensic procedures style legislation exists, it be amended to ensure coverage includes; where anyone deliberately exposes a police officer or other first responder to a serious virus by coughing, spitting or some other like act and that all jurisdictions continue to strengthen penalties for attacks on police and emergency services workers. 3 Serious and Organised Crime We note the Terms of Reference includes inquiring into transnational, serious and organised crime, including the impact of border controls. The PFA has not been able to access confirmed data on the pandemic’s impact on serious and organised crime, however we note anecdotal information provided to the PFA, that whilst many small businesses are struggling or in fact going out of business during the pandemic, it appears that no illicit tobacco retail outlets have closed during this time. This suggests that they are still easily obtaining illicit product to sell through the retail market. That anecdotal information also suggests that a significant amount of tobacco product is either being illegally produced locally or illegally imported. The Australian Border Force and its partner agencies, including the Australian Taxation Office, have disseminated numerous press releases since the start of 2020, highlighting significant seizures of such illicit product. We also note the recent comments of the AFP Commissioner when in his address to the Press Club he said in relation to on-line child exploitation, “…the number of Australians undertaking this abhorrent crime has increased during COVID-19. There are more people at home on their computers and more desperate people across the world” and he also made the point that, “…COVID-19 has not decreased our terror threat”. A more detailed analysis of the COVID-19’s impact on serious and organised crime and its impact on border security will be very helpful as an examination of any potential long-term impacts. Police preparedness for the pandemic: Whilst COVID-19 has been labelled a once in 100-year occurrence, a lack of preparedness by police for such a pandemic has raised a number of issues that need to be taken into consideration for future planning scenarios. The lack of immediate access to Personal Protective Equipment (PPE), a concern already identified during the bushfires and the splitting up of crews via the introduction of split shifts, were but two matters identified in the short term that could have minimised the risk of COVID-19 infection amongst members. The PFA has raised these issues in detail recently in both our submission to the Royal Commission into National Natural Disaster Arrangements as well as the Parliamentary Inquiry into the Australian Government’s Response to the COVID-19 Pandemic, where the PFA emphasised the need for a collaborative approach to purchasing equipment such as PPE across police jurisdictions. In 2008 the PFA recommended to Police Ministers and Commissioners the establishment of a National Collaborative Purchasing Model for Police Uniforms and Equipment, however an agreement across the jurisdictions for the implementation of such a model did not eventuate. 4 The PFA again takes this opportunity to suggest an Inquiry into building a national repository of Personal Protective Equipment for police for use in future national emergencies or disasters.
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