The Hon. IAN GILFILLAN: I seek leave to make a brief explanation before
asking the Attorney-General, representing the Minister for Police, Correctional
Services and Emergency Services, or himself, a question about the Police
Commissioner's contract.
Leave granted.
The Hon. IAN GILFILLAN: In late 1996 this Parliament debated
and passed the Police (Contract Appointments) Amendment Act, which amended
the Police Act to provide for a five year contract for the Commissioner
of Police and his Deputy and Assistant Commissioners. It also provided
the opportunity for the Minister for Police to set (and I quote the Act)
`performance standards' for the Police Commissioner to meet and that on
varying or setting those performance standards `a statement of the standards
of variations must be laid before each House of Parliament within six sitting
days.' This is contained in section 7 of the Police Act, and there is no
current move to amend it.
When the subject of the Police Commissioner's contract was debated
in this Chamber in 1996, the Democrats represented by the Hon. Sandra Kanck
supported this measure. In fact, the clauses were supported by all Parties.
In another place the then Police Minister, Hon. Steven Baker, stated that
performance standards for the Police Commission-er were a matter of `sound
management practice'. He stated:
. . . performance agreements seek to set levels of performance
that involve continual improvement.
He spoke of:
. . . reasonable and responsible targets [to] lift the quality
and the standard of service delivery.
So, it can be seen that the idea of setting performance standards for
the Police Commissioner had the firm support of the Government, the Opposition
and the Democrats as recently as December 1996, when the Bill was finally
passed. Indeed, after the Bill was amended to ensure that the performance
standards would be laid before both Houses of Parliament, no-one in the
Parliament spoke against that aspect of the Bill.
I wrote to the Minister for Police, Correctional Services and
Emergency Services on 7 May this year, asking him for information on this
matter with regard to the Police Commis-sioner's contract. I received no
reply. I wrote again on 2 July asking if I could have an answer to the
questions that I had asked in relation to that contract, and I am still
awaiting a reply to those questions asked in the letter. This does reflect
that perhaps there is no answer (that is why I am raising this matter in
the Council) and that the obligation in the Act for performance standards
to be set and tabled has not been fulfilled; it certainly does cast some
doubt on the capacity or intention of the Government to follow through
to this Parliament on legislative requirements for contract obliga-tions
for the police force. Parliament. Therefore, my questions are as follows:
1. With respect to the present Police Commissioner, on what date
was his contract signed?
2. Did the contract include a clause in compliance with section
7(2)(b) of the Police Act, which is the clause allowing performance standards
to be set?
3. Has the Police Minister set any performance standards for
the Police Commissioner to meet?
4. If so, on what date or dates were these standards set or varied,
and why has no statement or statements of these standards been laid before
both Houses or either House of Parliament, in compliance with section 7(5)?
5. If no performance standards have been set, why not, and is
the Government intending to set any performance standards for the Police
Commissioner at any time during his contract?
6. Is it the Government's intention that, in future, rank and
file police or commissioned officers will be subject to compulsory performance
standards through legislation while the Government appears to be, or is,
unwilling or unable to set performance standards for the Commissioner who
is currently serving?
The Hon. K.T. GRIFFIN: I will refer the questions to my colleague
and bring back a reply.
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