Government of South Australia: News: Kapunda Road Royal Commission

News: Kapunda Road Royal Commission

Hon PAUL HOLLOWAY MLC Minister for Police Minister for Mineral Resources Development Minister for Urban Development and Planning Contact details, June 5, 2006

Police Minister Paul Holloway says South Australia Police has responded to the recommendations of the Kapunda Road Royal Commission with a range of significant policy and operational changes. The Minister has told Parliament that SAPOL conducted a comprehensive review of the Commission’s findings, and as a result a number of changes aimed at improving the delivery of Police services have been, or are being, implemented.

“The Royal Commission was established in May last year, and Commissioner Greg James QC brought down his report in July,” says Mr Holloway. “One of the Commissioner’s key recommendations was for all SAPOL Major Crash Section personnel to be trained in the use of the Criminal Law (Forensic Procedures) Act.

While SAPOL members have previously been trained in the use of this Act, an updated refresher course is being developed to promulgate to all members.” “I have also been advised by the Police Commissioner that extensive work has also been undertaken to implement Mr James’ recommendation for a review of Major Crash Section training, procedures and management.”

These include:

  • Changes to policies and work practices to improve efficiency and delivery;
  • Structural changes to ensure adequate and appropriate supervision and accountability, including the addition of three extra staff to the Major Crash Section (an Inspector, a Senior Sergeant and a Senior Constable);
  • The development of a tiered approach to training, resulting in increased professionalism of members, and the development of corporate training for all SAPOL operational members in managing traffic crimes.

Mr Holloway says other recommendations made by Commissioner James have also been considered by SAPOL, with a range of changes already made, or about to be made, including:

  • Recognising the criminal aspects of traffic matters and implementation of a structured management plan;
  • Changes to notification and call-out procedures to ensure accountability;
  • Introduction and additional training in case management systems;
  • A tiered approach to accidents, based on the seriousness of the incident;
  • Changes to on-call procedures, ensuring that an experienced consultant is involved in the process;
  • Re-training of Major Crash Section personnel in relation to arrest, charging or reporting of a suspect;

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  • Examining the provision of bound A4 books with numbered pages to investigators, together with an auditing process for all notebooks;
  • Amending SAPOL instructions to include the need to document and disclose the use of a personal mobile phone, when used in relation to the investigation of an offence.

SAPOL has also been conducting an internal review of the Major Crash Investigation Section, resulting in the implementation of a number of changes, including:

  • A new roster introduced with the intention of enhancing the Section’s response capability;
  • An extra Inspector has been attached to the Traffic Support Branch, with direct responsibility for the Major Crash Investigation Section (the Inspector will also oversee the implementation of the Kapunda Road Royal Commission recommendations);
  • Provision of access to DPP advice on a 24-hour basis, as well as new protocols for proper communication with the DPP on matters investigated by the Section;
  • Development of Standard Operating Procedures identified as a requirement for the Section;
  • Development of a tiered process in relation to the allocation of investigative responsibility for fatal and serious injury crashes;
  • Responsibility for the co-ordination and facilitation of the Section’s training allocated to the Traffic Support Branch, Traffic Training and Promotions Section;
  • An on-call/recall policy developed to ensure appropriate supervisory management of fatal and serious injury crashes;
  • The Section now utilises the resources of the Physical Evidence Section – Forensic Services Branch;
  • Subpoena management protocols adopted consistent with the Crime Service subpoena management policy;
  • Additional Senior Sergeant and Sergeant positions created to enhance supervision and control of investigations.

Mr Holloway says the Government has also taken action in the wake of the Royal Commission’s recommendations by increasing the maximum penalty for causing death by dangerous driving to 15 years imprisonment for a first offence, and life imprisonment for a second or “aggravated” offence.

“The penalties for failing to stop after an accident causing death or injury have also been increased to 15 years imprisonment for the first offence, and life for a second offence,” says the Minister.

“There’s also a disqualification from holding or obtaining a driver’s licence for ten years, which means there’ll no longer be any incentive for dangerous or drunk drivers to leave the scene.”

“These changes bring these two very serious offences into line with the penalties for manslaughter.” Mr Holloway says while these measures won’t bring back Ian Humphrey or lessen the grief for his family, the penalty increases are in line with community expectations.

“I hope the changes made by SAPOL and the Government will prevent a repeat of the events that lead to the creation of the Royal Commission.”

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