Information Statement Western Australia Police

Contents Introduction ..........................................................................................................................2 Legislation............................................................................................................................2 Structure and Functions.......................................................................................................2 Senior Management Structure .............................................................................................3 Public Participation in the Formulation of Policy and Performance of Police Functions.......5

Our Mission ..................................................................................................................5 Outcome Framework ....................................................................................................6

Documents Published by WA Police....................................................................................6 Internal Manuals and Guidelines ..................................................................................7 WA Police Documents ..................................................................................................8

Advisory Boards, Councils, Committees and Other Bodies .................................................8 Office of Information Management.......................................................................................9 How You Can Access Our Documents ..............................................................................10 What Type of Information Can Be Accessed .....................................................................11

Documents .................................................................................................................11 Information for Release ..............................................................................................11 Permissible Information ..............................................................................................11

National Criminal History Record Checking (NCHRC) and Volunteer Criminal History Checks and Spent Convictions ..........................................................................................12

CrimTrac.....................................................................................................................12 National Police Certificate (NPC)................................................................................12 Spent Convictions.......................................................................................................12 National Police Check for Volunteers (Volunteer Checks)..........................................12

Crime and Road Safety Statistics ......................................................................................13 How to Apply for Documents .............................................................................................13

Application Content.....................................................................................................13 Initial Application Fees................................................................................................14 FOI Fees and Charges for Applications Finalised ......................................................14 Notice of the Decision.................................................................................................14 Time frame for Application Completion.......................................................................14 Exemptions.................................................................................................................15 Appealing a Decision ..................................................................................................15

Amending Personal Information.........................................................................................15 The Function of the Office of the Information Commissioner .............................................16 Useful Web Resources ......................................................................................................17 Legislation Links ................................................................................................................17

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Introduction

This Information Statement is provided in accordance with the requirements of Sections 94 to 97 of the Freedom of Information Act 1992 (W.A). The purpose of the Information Statement is to ensure that information concerning the structure and functions of the Western Australia Police (WA Police) and the kinds of documents that are held by the agency are available to the public. Legislation

As the primary law enforcement agency in the state, WA Police draws its authority from, and are responsible for the enforcement of a broad range of legislation. The following legislation is administered by WA Police: • Australian Crime Commission (Western Australia) Act 2004 • Community Protection (Offender Reporting) Act 2004 • Criminal Investigation (Identifying People) Act 2002 • Firearms Act 1973 • Misuse of Drugs Act 1981 • Pawnbrokers and Second-hand Dealers Act 1994 • Police Act 1892 • Police Assistance Compensation Act 1964 • Prostitution Act 2000 (other than Section 62 and Part 5) • Protective Custody Act 2000 • Public Order in Streets Act 1984 (formerly Public Meetings and Processions Act 1984) • Security and Related Activities (Control) Act 1996 • Spear-guns Control Act 1955 • Surveillance Devices Act 1998 • Telecommunications (Interception) Western Australia Act 1996 • Terrorism (Extraordinary Powers) Act 2005 • Weapons Act 1999 • Witness Protection (Western Australia) Act 1996 Each year WA Police facilitates the progression of legislation through Parliament. The Annual Report for each year details the legislation that has been passed and also details the legislation pending that affects the agency. Structure and functions

WA Police is responsible for policing the largest single police jurisdiction in the world, an area covering 2.5 million square kilometres. WA Police has over 6,000 employees including approximately 5,000 serving police officers Police Act 1892 and 1,300 Police Staff (civilian) Public Sector Management Act 1994. They provide policing services to a population of 2 million, through a structure comprising three regions, 14 districts and 164 police stations and service centres. There are three specialist operational support portfolios complementing the structure: Specialist Crime, Traffic and Operations, and Counter Terrorism and State Protection.

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The following map indicates the current regions and districts.

North Metropolitan Region Central Metropolitan District North West Metropolitan District West Metropolitan District

South Metropolitan Region East Metropolitan District South East Metropolitan District South Metropolitan District

Regional WA Goldfields - Esperance District Great Southern District Kimberley District Mid West - Gascoyne District Peel District Pilbara District Southwest District Wheatbelt District

Senior Management Structure

The senior management structure reflects the accountability and the Government requirements for agencies. The management groups assist with the decision making and the development of corporate goals for WA Police. The Commissioner of Police is the most senior person within WA Police. The Commissioner ensures that the Minister for Police is knowledgeable of the operations of the police. Reports and advice on the agency’s performance are also provided to the Minister from the Commissioner.

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Senior Management Structure (as at 30 June 2006)

Commissioner of Police

Deputy Commissioner (Operations)

Executive Director Deputy Commissioner (Specialist Services)

Assistant Commissioner Corruption Prevention

and Investigation

Director Media and Public Affairs

Director Strategy and Performance

Assistant Commissioner Frontline Services

Assistant Commissioner Regional Western

Australia

Assistant Commissioner North Metropolitan Region

Assistant Commissioner South Metropolitan Region

Director Corporate and Community

Development

Director Human Resources

Director Asset Management

Director Finance

Director Corporate Programs and

Development

Assistant Commissioner Counter-Terrorism and

State Protection

Assistant Commissioner Traffic and Operations

Assistant Commissioner Specialist Crime

Assistant Commissioner Professional Development

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Corporate Executive Team The Corporate Executive Team (CET) comprises the Commissioner of Police, Deputy Commissioners and the Executive Director. The CET maintains a focus on both the external and internal policing environment to make decisions on the strategic direction of the agency. The CET meets on a regular basis to discuss and action high level issues such as: corporate policy; corporate performance; annual budgets and financial performance; compliance with internal and external requirements; and strategic resource requests. Commissioners’ Executive Forum The Commissioners’ Executive Forum consists of the Assistant Commissioners and Directors and CET members. Audit and Risk Management Team The Audit and Risk Management Team is chaired by the Commissioner of Police and is tasked with reviewing the controls and operations, both internal and external, of WA Police. Public participation in the formulation of policy and performance of police functions

Through continuing processes of review and restructure, WA Police have in place an infrastructure which permits services to be “tailored” to meet the needs of individual communities – appreciating that the needs of one community may differ markedly from another. This infrastructure is capable of developing and growing in parallel with the growth of the State, economically, socially and environmentally. Our Mission To enhance the quality of life and well-being of all people in Western Australia by contributing to making our State a safe and secure place. Our Mission reflects WA Police’s contribution to the whole-of-government goal of: Enhancing the quality of life and wellbeing of all people throughout Western Australia by providing high quality, accessible services. WA Police contributes to this goal by focusing on the following priorities: • Partnerships, coordination, cooperation and community engagement. Achieving

this priority involves strategic partnerships and consultations with the community, other agencies, business and local leaders to address issues impacting on safety and security.

• Better policing services to the community through improved standards. Achieving this priority involves wide consultation with the community, including minority groups, to identify concerns and areas for improvement.

• Leadership, accountability and quality supervision through results. • Innovation and continuous business improvement integrated with intelligence. It is through these avenues of community engagement that members of the public are able to contribute significantly to policy formulation and the subsequent delivery of our services.

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Outcome Framework WA Police uses an Outcome Based Management framework to facilitate, monitor and evaluate the best use of resources for policing. The policing priorities are structured around four outcomes. These outcomes contribute towards the achievement of the whole-of-government goal of: Enhancing the quality of life and wellbeing of all people throughout Western Australia by providing high quality, accessible services. There are eight services that relate to the four outcomes and these describe the policing services provided to the community. The outcomes and services are shown in the table below. The outcomes we seek to achieve The services we provide Lawful behaviour and community Safety

• Intelligence and protective services

• Crime prevention and public order • Community support (non offence incidents) • Emergency management and coordination

Offenders apprehended and dealt with in accordance with the law

• Response to and investigation of offences • Services to the judicial process

Lawful road-user behaviour

• Traffic law enforcement and management

A safer and more secure community • Implementation of the State Crime Prevention

Strategy

Further information regarding these outcomes and our performance can be found in the Western Australia Police Strategic Plan, Annual Business Plan and Annual Report. Documents published by WA Police There are various publications produced to support the work of WA Police.

• Newsbeat is the official magazine of the WA Police. It is published bi-monthly and is

distributed to every member of WA Police, retired officers, government agencies, ministers, libraries and some sections of the general public.

Current issues are available online and earlier issues are available from Public Libraries and the State Library of Western Australia. Recruiting • Step Forward and make a difference

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Strategy and Performance • Western Australia Police Strategic Plan • Western Australia Police Annual Business Plan • Western Australia Police Annual Report Corruption Prevention and Investigation • Our Values • Code of Conduct • The Blueline Indigenous, Community Diversity & Corporate Research • Policing in a Multicultural Society • Serving Western Australia’s Culturally Diverse Communities • Domestic Violence – What You Can Do Alcohol and Drug Coordination Unit • Drug Awareness Package • Alcohol & Drug Poster Series • Common Drug I.D. and Effects Posters • Night Safe Information Card Internal manuals and guidelines The Battye Library is the collection repository for all relevant documents produced by Government Departments. In accordance with this, WA Police have lodged a copy of the following manuals and guidelines that are only available to the public at the Battye Library (State Library of Western Australia). Academy Manuals Breath Operators Manual Cannabis Infringement Notice Scheme and all Drug Diversion Guidelines Code of Conduct Commissioners Orders and Procedures Manual Community Policing Grants Coroner’s Guidelines Corruption Prevention Daily Traffic Returns Process Guide Delegation Schedule Discretionary Powers Forensic Matters Gifts and Gratuities Guidelines Informant Management Manual Information Systems Security Intellectual Property Local Complaint Resolution Process Managing Sub-standard Performance Guidelines Occupational Safety and Health Our Values Pawnbrokers & Secondhand Dealers Guidelines

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Preparing Ministerial Correspondence Supported Internal Witness Program Sworn Promotion System Procedures Guidelines Records Management Guidelines Target Patrol Guidelines WA Police does not have a library available to the public. Public wishing to access police related material may access the Joondalup Edith Cowan University Library Online catalogue. WA Police documents The types of documents held include administrative and operational policy, procedural, accounting, human resource and other documents in the form of files, reports, court briefs, traffic infringement notices, criminal history records, permits etc., that come into being as a result of, or arise in connection with doing our business. Due to the number and complexity of documents that we maintain, it is not practicable to identify what would be located on a typical investigative file. The variation between the content of each investigative file is dependant on time, place, circumstance and event. However examples may include: • Audio tapes • Computer records • Court briefs • Diagrams/Plans • Email communications • Exhibits • Facsimiles • Forensic analysis • Internal memorandums • Letters • Notebook entries • Photographs • Reports • Running sheets • Video tapes • Witness statements Advisory boards, councils, committees and other bodies

WA Police participate in a multitude of committees, councils, advisory boards and other bodies, involvement which impacts considerably upon the development and implementation of policing strategies. Active membership of such bodies provides the opportunity to work with representatives of community groups, other agencies and both the public and private sectors to address problems or implement proactive strategies.

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Office of Information Management

The Office of Information Management (OIM) forms part of the Corporate Programs and Development Portfolio, under the control of the Executive Director. The OIM is the custodian of many information holdings throughout WA Police and provides governance and advice on information management, standards, controls, policies and procedures. It aims at maximising the use of information assets across the whole of the agency, providing effective and efficient strategic and tactical support to frontline police, stakeholders and the community. The OIM incorporates the provision of quality, consistent, reliable, secure and timely information to its customers by using leading edge practices. A focus on streamlining processes and integrating information technology with information management enables the OIM to add significant value for stakeholders and realise synergies and efficiencies in an effective manner. The OIM is actively involved with whole of government and national initiatives in the information management arena to further improve service to the community. The OIM provides proactive and professional advice to stakeholders and ensures compliance with legislation.

Corporate Programs and Development

Portfolio

Office of Information Management

Information Capture Centre

Records Management Centre

Information Release Centre

Information Management Services

The Office of Information Management consists of four functional streams: • Information Capture Centre provides a point at which information is captured, quality

assurance at point of capture, and standards and IT innovation to reduce manual entry. The centre is responsible for the efficient capture of court, crime and traffic information and data from across the agency. This involves ensuring the quality and integrity of data, the accuracy of entities entered into systems and of Court outcomes and penalties. The centre provides a seven day a week, 24 hour a day service in relation to warrants, restraint orders, police orders and the after-hours release of police information.

• Records Management Centre provides records security, integrity and corporate

records management governance as well as the police historian, mail sorting and management of video record of interview. They provide overall guidance, advisory services and facilitation of the effective day-to-day management of WA Police’s business information resource, within legislative provisions. The centre responds to

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demands by the business to develop and implement new information management strategies, procedures, practices, guidelines, standards and policies, and contributes to WA Police corporate business outcomes. The centre also has responsibility for the effective management of video records of interview and for the provision of a historical research, consultancy and publication service.

• Information Release Centre is responsible for the efficient release of appropriate

information in relation to court outcomes, crime and traffic matters in accordance with the relevant legislation, privacy principles, government and agency policy. This involves interpretation of legislation, policy, risk management, research activities, ensuring the quality and integrity of the information provided and, in partnership with information technology service providers, identifies potential system and interface solutions to maximise efficiency, timeliness and accuracy of information.

The Centre is also responsible for compliance with the Freedom of Information Act 1992, and coordination of summons and subpoenas which may include representing WA Police in Court when required. It provides the centralised point for the release of police information in accordance with relevant legislation and in line with the National Privacy Principles. Information available for release includes:

o Freedom of Information applications o Crime or crash permissible information requests o National Criminal History Record Checking o Volunteer Criminal History Checks o Traffic convictions and suspensions o Spent convictions o Summons and subpoenas

• Information Management Services is responsible for the coordination and integration

of information management activities across the branch, organisation and delivery of whole-of-government initiatives. The section provides strategic business planning and improvement services to the organisation. It takes a leadership role in relation to the development of policy, standards, protocols, information models, architecture and governance, and in the development of or contribution to projects, including integration of information technology, at branch, agency and interagency levels. Consultancy services are provided across the agency, and the section has a significant responsibility for the development and maintenance of relationships with internal and external clients. This includes the negotiation and maintenance of Memoranda of Understanding with other government agencies relating to multi-agency information exchange collaborations.

How you can access our documents

The Freedom of Information Act, 1992 (FOI Act) relates to access to documents where there is no alternative access procedure in place. As the FOI Act is not the only process through which WA Police documentation can be released to the public, prior to lodging a Freedom of Information access application, you should contact your local police station to ascertain whether an existing procedure for release of that information is already in place.

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Documents such as Police Certificates, Traffic Certificates (previously known as Police Clearance Certificates), limited permissible motor vehicle crash and offence information can be released upon payment of a prescribed fee. What information can be accessed

Documents As the primary law enforcement agency in the state, WA Police has an array of documents for research purposes. Many other records are created for, or have specific application to, the various functional units represented in our organisation. Some documents are created as a result of an incidence requiring police attendance.

Information for Release

Permissible Information There are three categories for permissible information: • Crime Information

A person or their representative (e.g. Insurance company, solicitor) requesting details of an offence/incident, in which they are the complainant, must apply in writing to the Information Release Manager who, upon payment of the scheduled fee, may release permissible information, which is extracted from an Offence/Incident Report.

• Crash Information

A person or their representative (e.g. Insurance company, solicitor) requesting details of a crash in which they were involved, may apply in writing to Crash Records Section and upon payment of the scheduled fee of $30.50 will be given permissible information.

• Traffic Convictions

Insurance firms, solicitors, and investigating firms who are making applications on behalf of a client, should incorporate the client or applicant’s authority (permission to access information) on their business letterhead. The completed application will also need to include the scheduled fee.

Applications for Traffic Convictions Applications for a Traffic Certificate may be made in person at: Information Release Centre 3rd Floor 565 Hay Street Perth

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National Criminal History Record Checking (NCHRC) and Volunteer Criminal History Checks and Spent Convictions

CrimTrac Each of the policing jurisdictions in Australia collects and maintains a database of criminal prosecutions in their jurisdiction. The Federal CrimTrac agency provides the only conduit through which these multi-jurisdictional databases can be searched, facilitating National criminal record checking. In addition to providing an essential policing tool, this service has been expanded to provide organisations with access to criminal records via the NCHRC initiative for employment and license screening purposes. The NCHRC initiative is a consent model, and only provides access to a person’s record with their express, written consent. NCHRC benefits the community by providing valuable information for employment screening, particularly for people working with children, elderly, disabled and other vulnerable members of the community. It also contributes to core policing objectives, by improving community safety and reducing the opportunity for offender’s to re-offend. National Police Certificate Applications may be made at any Western Australia police station. The applicant must complete the application form and pay the scheduled fee. Applicants must be residents of Western Australia and personally attend a police station. No third party, overseas or interstate applications will be accepted. Spent convictions will not be released on the WA Police National Police Certificate. Spent Convictions A spent conviction is the suppression of that conviction/s incurred at a law court by an offender and deemed eligible under the “Act”, after the application has been made, by the offender to be spent. The “Spent Convictions Act 1988”, copies of which are held by the Information Release Centre, contains the necessary information to assess applications made to the Commissioner of the Western Australia Police. The effect of a conviction becoming spent is referred to in Section 33 (2) of the “Act” under the heading Regulations and pertains to the appropriate Sections and Schedules applicable. National Police Check for Volunteers (Volunteer Checks) The Volunteer Checks are a joint initiative between WA Police and the Department for Community Development (DCD) and were launched in July 2003 and is only available for volunteer organisations screening volunteers in accordance with a definition set by the CrimTrac agency. Unlike the NPC, the results of the Volunteer Check are released to the organisation and not the individual, as such Volunteer Checks do not disclose details of any convictions, and rather they only provide an indicator as to whether the volunteer has a record.

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The Volunteer organisation is responsible for obtaining the volunteer’s consent, checking their identity and payment of the scheduled fee. This check does not disclose details of any convictions and only provides confirmation as to whether a person has “No Record”, a “Serious”, “Minor” or “Traffic” conviction. Crime and road safety statistics

Basic crime and road crash statistical reports are generated for public access on the internet. Crime, road crash and traffic enforcement statistics are also generated for organisational reporting requirements and operational needs. Other statistics are produced for various media requests, national monitoring programs and research organisations. How to apply for documents

Should you require access under the FOI Act to documents created by WA Police, your application should be directed to the Information Release Centre. Please be aware that no information can be released over the telephone, via email or Internet services. FOI Coordinator Information Release Centre 3rd Floor Public Trust Building 565 Hay Street Perth 6000 Western Australia Tel: (08) 9268 7774 Fax: (08) 9268 7878 Email: Email us Alternatively your written application, with relevant fees, may be handed in to your local police station. Your application should include as much information as possible as this will help us locate relevant documentation. Application content There is a standard application form that you may choose to fill in to initiate your FOI request. You do not have to use this form; you may choose to write a letter. If you choose to write an application letter, it should include the following information:

• Your name and other relevant names involved • Your postal address (must be an address in Australia) • Date of incident – if relevant • Location of incident – if relevant • Nature of incident • Incident or traffic crash reference number • Name of attending Police Officers (if known) • Application fee - $30 if applicable

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Initial application fees Where the request is for non-personal information that may contain personal information about a third party (other than the applicant), there is a $30 application fee. This payment is required at the time of lodging the request. If lodging in person, this fee may be in cash, cheque or money order. If you are mailing your application in, please include a cheque / money order made payable to the Commissioner of Police. A non-personal application without the prescribed fee is considered invalid. Hence, you will receive letter requesting payment within 14 days otherwise your application will be deemed invalid and your application will not be proceeded with. You will also need to provide proof of ID Primary/Secondary by means of your driver’s licence or passport etc. FOI fees and charges for applications finalised Access to personal information or request to amend personal information

Free

Application Fee – non-personal information $30.00 Processing Fee – non-personal information $30.00 per hour Photocopying Fee .20c per page

Where the FOI processing fees are likely to exceed $25.00, FOI Staff will provide you with an ‘Estimate of Costs’. This will provide an estimation of additional charges together with a schedule of documents. This process will enable you to reduce the charges by reducing the number of documents required to satisfy your application. Notice of the Decision Once your application has been evaluated, we will issue a ‘Notice of Decision’ advising you in the manner in which access has been provided under the FOI Act; which may consist of the following: • Full access • Partial access (edited format) • Refused access This notification will also include an advice on any further charges that may be incurred related as a result of your application. Time frame for application completion The FOI Act provides a 45 day timeframe from the date a valid application has been received; however this timeframe may be extended by agreement with the agency and the applicant. If the application is extensive we may contact you to discuss the application.

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Exemptions The FOI Act contains exemptions to protect certain information and documents from disclosure. For example, these exemptions may be applied to protect the privacy of individuals and/or sensitive law enforcement, public safety and property security activities. We embrace the transparency that the FOI Act requires, however, in the whole of community interest; the following areas within the WA Police are listed under Schedule 2 of the Act as exempt agencies and pursuant to s10 of the Act access provisions do not apply; • State Intelligence Division (formerly Bureau of Criminal Intelligence) • Tactical Protection Division (formerly Protective Services Unit) • Witness Security Unit • Internal Affairs Unit Further, exemptions apply to documents originating from a Commonwealth intelligence or security agency. Appealing a decision If you are not satisfied with a decision that has been made you may make an application for an Internal Review. This should be lodged in writing to us within 30 days after you receive the Notice of Decision. An independent officer of Inspector rank or above will then undertake an internal review of your application and a review decision will be made within 15 days of receiving your written request or an alternative agreed period. Should you not be satisfied with this review, you may apply within 60 days of the agency’s final decision to the Office of the Information Commissioner to have the matter reviewed externally. Amending personal information

Under the FOI Act you have a right to apply to amend your personal information that is contained in a document of WA Police, if the information is inaccurate, incomplete, out of date or misleading Your application to amend personal information should be submitted in accordance with Section 46 (1) of the Freedom of Information Act 1992. It must:

• be in writing • give enough details that to enable the document that contains the information to be

identified • give details of matters in relation to which the person believes the information is

inaccurate, incomplete, out of date or misleading • give the person’s reasons for holding that belief • give details of the amendment that the person wishes to have made • give an address in Australia to which notices under this Act can be sent • give any other information or details required under the regulations • be lodged at an office of the agency The new application must state whether the amendment is made by:

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• altering information; • striking out or deleting information; • inserting information; • inserting a note in relation to information,

or in two or more of those ways. The function of the Office of the Information Commissioner

The Information Commissioner is an independent officer who reports directly to Parliament. The main function of the Office of the Information Commissioner is to deal with complaints about decisions made by agencies in respect of access applications and applications for the amendment of personal information under the FOI Act. Other responsibilities include:

• Ensuring that agencies are aware of their responsibilities under the FOI Act. • Ensuring that members of the public are aware of the FOI Act and their rights. • Providing assistance to Members of the public and agencies on matters relevant to the

FOI Act. • Recommending to Parliament legislative or administrative changes that could be made

to help the objectives of the FOI Act be achieved. Office of the Information Commissioner 12th Floor St Martin’s Tower 44 St Georges Terrace Perth WA 6000 Tel: (08) 9220 7888 Toll Free 1800 621 244 (Western Australia only) Fax (08) 9325 2152 Email info@foi.wa.gov.au Internet www.foi.wa.gov.au

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Useful Web Resources

Battye Library Crime Stoppers, Western Australia Community Resources On-line Office of Crime Prevention, Western Australia Office of Road Safety Office of the Information Commissioner Western Australia Police Legislation Links

Freedom of Information Act 1992 Public Sector Management Act 1994 Last Updated June 2007

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