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Power and Persuasion: Police Unionism and Law Reform in Queensland

Published online by Cambridge University Press:  26 February 2016

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In Australia, the role of police unions has assumed a prominence in contemporary debates surrounding the legitimate role of police in today's society. There is a perception that police unions in particular exercise undue influence over the political process, management practice and law reform. These perceptions are invariably grounded in “orthodox” accounts of policing that are based in part on the assumption that the police force, as an institution, is part of the “natural order of things”, that is, that the role of police is simply to “enforce the law as laid down by Parliament and the courts on behalf of the community”. Contemporary studies of policing have begun to challenge these views. Their observations suggest that the police are not merely passive instruments of the state but are actively engaged in influencing the processes of police administration and law reform. This body of work however does not specifically address the issue of police organisation and its impact on these processes. If we are to resolve contemporary concerns regarding police participation in the political sphere, a more adequate account of police practices and the institutions within which these practices have evolved is required.

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Research Article
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Copyright © Cambridge University Press 

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References

Endnotes

1a Thompson, E.P., Writing by Candlelight, (London, 1980); See R.Reiner, The Politics of the Police, (1985, Sussex); R.Haldane, The People's Force, (Melbourne, 1986); S.Egger & Findlay, M “The Politics of Police Discretion” in M.Findlay & R.Hogg (eds) Understanding Crime and Criminal Justice, (1988, Sydney); S. James, “Police Unions and Police Powers — A Recent Australian Experience” Unpublished seminar paper (1989, Sydney); R.White & C.Richards “Police Unions and Police Powers”, Current Issues in Criminal Justice, Vo1.4, No.2, 1992, pp157–174; Commission of Inquiry into Possible Illegal Activities and Associated Police Misconduct, Report of a Commission of a Inquiry Pursuant to Orders in Council [Fitzgerald Inquiry], Brisbane, June 1989; Report on an Investigation into a Memorandum of Understanding between the Coalition and QPUE and an Investigation into an alleged deal between the ALP and the SSAA [Carruthers Inquiry], Criminal Justice Commission, Brisbane, 1997.Google Scholar

1 Reiner distinguishes between “orthodox” and “revisionist” accounts. A “revisionist” account of the role of the police denies the “naturalness” of policing and asserts that the police are merely instruments of the ruling class, “maintaining [their] dominance … against the interests and opposition of the various sections of the working class who constitute the majority of the population”. Reiner, Politics of the Police, p.10.Google Scholar

2 Sallman, P., “Perspective on the Police and Criminal Justice Debate”, in C.Chappell & P.Wilson (eds) The Australian CriminaL Justice System — the Mid–1980s, (1986, Sydney), p.201.Google Scholar

3 example, For, M.Finnane, “The Politics of Police Powers: The Making of Police,” in M.Finnane (ed) Policing in Australia: Historical Perspectives, (1987, Kensington), pp88–113; M.Finnane, Police and Government, Histories of Policing in Australia, (1994, Melbourne).Google Scholar

4 Some research has addressed these issues. See J.Fleming, “By Fair Means or Foul? The Impact of Police Unionism in Queensland 1915–1932”, Honours Thesis, (1991, Griffith University); J. Fleming, “Shifting the Emphasis: The Impact of Police Unionism in Queensland, 1915–1925”, Labour History, No.68, May 1995, pp98–114. For a more general account of police organisation in Australia see, B.Swanton, Protecting the Protectors, Australian Institute of Criminology, (1982, Canberra).Google Scholar

5 Swanton, , Protecting the Protectors … p.6.Google Scholar

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7 ibid, pp102–105.Google Scholar

8 ibid, pp 109–113.Google Scholar

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10 However, , individual senior police officers did contribute in some measure to the introduction of the Peace Preservation Act in Queensland in 1894. See, J.Fleming, “In the Name of Peace, The Enactment of the Peace Preservation Act, 1894”, Royal Historical Society of Queensland, Vol.16, No.3. August 1996.Google Scholar

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12 Amendments to the Jury Act, 1923 were initially called for by the Innisfail branch of the QPU. Police in Innisfail believed that as a general rule, jurors were well acquainted with the defendant and therefore the case was invariably prejudiced. Their complaints led to the removal of the Circuit Court to Cairns. At the 1927 Police Conference, requests were again made to the government to amend the Jury Act, “with a view to seeing that the ends of Justice are secured”. QPUJ, November 1926, p.4; May 1927, p.39.Google Scholar

13 Queensland Police Union Executive Minutes (QUEM), 16th December 1925; Mar.22nd, 1926.Google Scholar

14 15, Vic, No.4 Vagrancy Act, 1851. Queensland Statutes.Google Scholar

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16 QPUJ, May 1927, p.2.Google Scholar

17 QPUJ, May 1927, pp2–6.Google Scholar

18 Sec 2 of the Vagrant Act, 1851 did in fact ask that a person arrested for “having no visible means of support or insufficient lawful means [of support] … give a good account of his or her means of support to the satisfaction of such justice…”. The problem for the police, as pointed out in a CIB report to the Commissioner of Police in September 1927, was that if “an accused person has a small amount of money in his possession at the time of his arrest he cannot be convicted …”. It then becomes the responsibility of the police to prove that the accused is “living on the proceeds of thieving or prostitution”. QSA; Col/159, Police Correspondence.Google Scholar

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20 QSA; Col/159, Item No. 29787. Report compiled by Detectives Driscoll and Sproull.Google Scholar

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24 Costar, BJ, “Labour, Politics and Unemployment, Queensland during the Great Depression”, Ph.D Thesis, University of Queensland, 1981, p.p21–29.Google Scholar

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28 In 1926, Queensland's unemployment rate stood at 8.4 per cent. Second only to Tasmania's 13.9 per cent. Official Year Book of the Commonwealth of Australia, No.21, 1928, p.389. These figures are based on trade union returns but serve to indicate the general trend of unemployment in this period.Google Scholar

29 Higgins, , “Queensland Labour…” p.155.Google Scholar

30 Moore himself had no ministerial experience and his Attorney-General, NF MacGroarty and his Minister for Mines, Ernest Atherton, had no political experience whatsoever. Only W. Barnes as Treasurer had Ministerial experience. Costar, “Labor, Politics …” p.48; C. Bernays, Our Seventh Political Decade, 1920–1930, (1930, Sydney), pp.60, 283.Google Scholar

31 QUEM, 27th May 1929. The new Home Secretary was J.C.Peterson who had defected from the Labor Party in 1921.Google Scholar

32 Costar, B., “Controlling the Victims: The Authorities and the Unemployed in Queensland during the Great Depression”, Labour History, No.56, May 1980, p.1.Google Scholar

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34 Within six months of taking office, the CNP had passed The Industrial Conciliation and Arbitration Act (1929). The legislation abolished preference to unionists, ended compulsory unionism and allowed the government to remove employees from the jurisdiction of the Court. Further under the new legislation, the government could exclude, at its discretion, any category of workers from the provisions of the Act, provoking a member of the Australian Workers' Union to remark that the Act was “one of the most reactionary measures that ha[d] ever been introduced into any parliament in Australia”. Costar, “Politics and Unemployment”, pp.52–54.Google Scholar

35 Costar, , “Controlling the Victims” pp.12–13.Google Scholar

36 example, For, see personal letter from Moore to Ryan, 23rd Jun.1932. Cited in QSA File, A/4153, Ryan's Personnel File. Queensland Police Museum.Google Scholar

37 QPUJ, Dec.1929, p.28.Google Scholar

38 Courier, Brisbane, 21st Apr. 1930. In NSW, the Inspector-General had advised the Bavin government “to incorporate the consorting provisions already enacted in New Zealand and Western Australia, so that any person who habitually consorted with reputed thieves or prostitutes would be deemed idle or disorderly”. In September 1929 the government introduced the Vagrancy (Amendment) Bill. The rationale for the Bill was, as put by the Colonial Secretary, “to give the police powers that they have sought for some considerable time, to deal with street solicitation and persons who consort with criminals”. K. Seggie, “Aspects of the role of the Police Force in New South Wales and its relation to the Government, 1900–1939”, Ph.D Thesis, Macquarie University, 1989. In reality as McCoy has shown, the legislation with its “draconian Consorting Clause” was primarily introduced to counteract razor-gang violence and drug trafficking. AW McCoy, Drug Traffic: Narcotics and Organised Crime in Australia, (Sydney, 1980), p.107.Google Scholar

39 The Official Year Book of the Commonwealth of Australia details state crime statistics for the period 1926–1930. No.25 1932.Google Scholar

40 Police Commissioner's Annual Reports to Parliament; Queensland Parliamentary Papers, (QPP) 1926–1932.Google Scholar

41 QSA; Col/159; A/44815, Vagrants and Gaming Act, 1908–1932. Both files contain numerous newspaper reports that highlight unemployment and rising crime rates throughout 1930 and 1931, Brisbane Courier, 2nd Jul. 1930.Google Scholar

42 Brisbane Courier 3rd Ju1.1930.Google Scholar

43 The Telegraph newspaper reported Peterson's (Home Secretary) visit to NSW, “for the purpose of observing the good results of the Consorting Act”. On his return, Peterson told the Truth newspaper: “It is my intention to introduce an Act on similar lines to that of NSW, arming the police with powers to cope with the inevitable influx of undesirables … We in this state are realising of late that much of our crime is perpetuated by the Southern dregs of “crookdom” driven here by the NSW Statute and we are left without legislation to deal with them.” Truth, 7th Dec. 1930. Cited in QSA; A/44815.Google Scholar

44 The absence of law books had been on the agenda of every Police Union Conference since the formation of the QPU.Google Scholar

45 Police Commissioner's Annual Reports to Parliament, Criminal Statistics and CIB data, 1925–1930.Google Scholar

46 QUEM 1927: 27th May; 22nd Jul; 29th Aug; 12th Dec; 1928: 11th Feb; 12th Mar; 9th May; 22nd Hun; 3rd Jul: 25th Jul; 1929: 9th Aug; 26th Nov.Google Scholar

47 While the union's concerns appear to have had some validity, the number of dismissals in relation to the number of persons “brought before the court” was relatively small. See corresponding figures in Police Commissioner's Annual Reports to Parliament 1925–1930.Google Scholar

48 QPUJ, Jul. 1928, p.18. See pages 19–21 for detailed examples of these cases.Google Scholar

49 QUEM 30th May 1927; 12th Mar.1928; 27th May 1929; 1st Jul.1929;11th Dec.1929. QPUJ, May 1927, p.52; QPUJ, May 1927; p.38.Google Scholar

50 QUEM, 4th Jul.1929; QPUJ Nov. 1929, p.12.Google Scholar

51 QPUJ, Dec.1929, p.13.Google Scholar

52 QUEM, 4th Jul.1929.Google Scholar

53 Branches in Cairns, Cloncurry and Innisfail were particularly vocal in this respect.Google Scholar

54 QSA; Col/159. See particularly Item No. 14038, 161X, Licensing Officer's Office, Brisbane to Inspector Meldon, Roma Street.Google Scholar

55 J.O'Hara, , A Mug's Game, (1988, Kensington), pp.111–118; P.Grabosky, Sydney in Ferment, Crime, Dissent and Official Reaction, (1977, Canberra), pp.118–124.Google Scholar

56 Commissioner's Annual Reports to Parliament, QPP, 1930.Google Scholar

57 Commissioner's Annual Reports to Parliament, QPP, 1931.Google Scholar

58 QSA; Col/159.Google Scholar

59 QSA; Col/159.Google Scholar

60 QUEM, 18th Feb.1931.Google Scholar

61 Queensland Parliamentary Debates, (QPD), Vol. CLIX, 1931, p.668.Google Scholar

62 ibid, p.961.Google Scholar

63 QPD, Vol.CLX pp.1502–1504.Google Scholar

64 ibid, pp1887ff.Google Scholar

65 The Opposition was referring to a series of wage cuts implemented by the Moore government through the Arbitration Court from August 1930 to May 1931. See Costar, “Labour, Politics and Unemployment”, p.55.Google Scholar

66 QPD, Vol.CLX, p.1434.Google Scholar

67 ibid, pp.1742–1751.Google Scholar

68 ibid, p.1417. The Opposition particularly objected to the powers extended to police to intervene at political “public meetings”.Google Scholar

69 ibid, pp.1423–1788Google Scholar

70 ibid, p.1901.Google Scholar

71 ibid, pp.1901–1904; 22 GEO V No.27 Vagrants, Gaming and Other Offences Act, 1931, S.44.Google Scholar

72 ibid, pp.1909–1910; 22 GEO V No.27 Vagrants, Gaming and Other Offences Act, 1931, S.58(1), (2).Google Scholar

73 The Opposition's request for an amendment to this clause was agreed to: “ … if such person .. is found not guilty … any fingerprints or photographs taken in pursuance of the provisions of this section shall be destroyed in the presence of the said person so concerned”. 22 GEO V No.27 Vagrants, Gaming and Other Offences Act, 1931, S.43.Google Scholar

74 22 GEO V No.27 Vagrants, Gaming and Other Offences Act, 1931 passed through parliament on 10th Dec. 1931.Google Scholar

75 Fleming, , “By Fair Means or Foul”, p.66.Google Scholar

76 See amendments to Vagrants, Gaming and other Offences Act, 1933 (24 Geo. V. No.28); 1938 (2 Geo. VI. No.18) and Part V of The Racecourses Acts and other Acts Amendment Act of 1936, 1 Edw. V111. No.24.Google Scholar

77 QPUJ, Mar. Apr.1932; QPUJ, May 1932, p.32.Google Scholar