Operation Aviemore Commissioner of Police Response to Commission Recommendations

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Recommendations 7

1. Recommendation One

   The Commission recommends that WA Police and the Office of the Director of Public Prosecutions (ODPP) record a challenge to an Electronic Record of Interview (EROI) in any court and the result so that an accurate measure of compliance with the Criminal Investigation Act 2006 (CIA) is obtained. WA Police are working with the ODPP on how to best implement this recommendation. Options are currently being explored to overcome some practical and cost associated barriers that this recommendation presents in being able to accurately record and report on all EROI challenges.

   Report, page 5

2. Recommendation Two

   The Commission recommends the Corporate Knowledge Database (CKD) be reviewed and its index and search capacity improved. Either online tutorials or regular training should be investigated to ensure all police officers have the necessary competency to access the CKD as needed. Work is currently underway to upgrade the CKD to improve officer access and search capacity. The agency's continued commitment to strengthen policy and knowledge frameworks in support of frontline policing is highlighted by the recent creation of a new Policy and Legislation Portfolio and dedicated Policy Development Division.

   Report, page 5

3. Recommendation Three

   The Commission recommends immediate attention be given to ascertain if the lack of knowledge disclosed is widespread. If so, the Commission recommends development of an ongoing training and refresher course in dealing with Aboriginal people with particular emphasis on language and culture. Evidence currently available to WA Police does not support a conclusion of a widespread lack of knowledge. WA Police already deliver specific cultural diversity training which includes Aboriginal and Torres Strait Islander culture to police recruits. Notwithstanding the above, in response to this recommendation, segments of training dealing with language barriers, including the use of Interpreter and Translator Services in an investigative environment, have been introduced into these packages. Work is also being done on enhancing induction packages and developing refresher courses that place an emphasis on cultural competencies in police investigations.

   Report, page 5

4. Recommendation Four

   The Commission recommends that attention is given to the administration of a caution for a person unfamiliar with their right to silence when English is not that person's first language. It is for WA Police to identify the best approach to improving the administration of a caution. In direct response to recommendations of the CCC, State Crime have created the new Crime Investigation Standards and Family Violence Division (CISFVD). This division is comprised of four business units namely the Office of Investigative Practices, State Family Violence Unit, Victims of Serious Crime Unit and Specialist Interviewing Unit. It will be the responsibility of this Division to undertake the complex task of identifying the best solution for the administration of a police caution to culturally and linguistically diverse community members.

   Report, page 6

5. Recommendation Five

   The Commission recommends that refresher training is given to police officers in relation to the exercise of powers and responsibilities under the CIA. Please find attached Annexure One (reproduced as an appendix to this report) outlining the comprehensive program of CIA training provided to police officers throughout their careers. Frontline police are required to undertake annual training in relation to the powers and legislative responsibilities in applying the CIA. Additionally, there are a number of in-service training courses that reinforce aspects of this legislation. In response to this recommendation, investigative training for recruits and in-service officers has been amended to provide greater emphasis on confessional evidence, the Anunga Rules and interpretation of the CIA focusing on fairness to vulnerable persons. With respect to training, further work is being done in relation to vulnerable witnesses to further enhance the knowledge and skills required to identify and interview vulnerable persons (including suspects and witnesses).

   Report, page 6

6. Recommendation Six

   The Commission recommends that WA Police re-evaluate the Person of Interest (POI) investigative strategy to emphasise the separate classification requirements under the CIA. These requirements are the relevant source of both police powers and the rights acquired by a person being interviewed. It is the responsibility of the newly formed CISFVD to ensure the alignment of policy with legislation specific to the classification requirements under the CIA.

   Report, page 6

7. Recommendation Seven

   The Commission recommends that the requirement for recording and reviewing the exercise of discretion not to charge an offence be reinforced immediately with all officers in case Operation Aviemore reflects widespread practice. WA Police record decisions not to charge for an offence in an internally auditable register, known as a 'Discretion Register'. Further, in November 2015 an agency-wide broadcast specific to the application of discretionary powers in criminal investigations was delivered to all employees.

   Report, page 7

Published responses 1

• Operation Aviemore Commissioner of Police Response to Commission Recommendations

  Agency response · Dated 2 December 2016

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