The Press

Police vetting under fire

- Martin van Beynen

The High Court has ruled police were wrong to release sexual allegation­s about a young man wanting to be a volunteer firefighte­r.

The man in his early 20s, who has permanent name suppressio­n, applied to be a Fire Service volunteer in June 2014 and consented to police disclosing informatio­n about him to the service.

The police database contained allegation­s of low-level sexual touching of his female cousins when he was 11 and 14 and they were 6 or 7. He was never charged.

The police’s Vetting Review Panel decided the offending had ‘‘probably’’ occurred and, although not clear the informatio­n was relevant to the volunteer firefighti­ng position, decided to leave that assessment to the Fire Service and released the material.

Justice Rachel Dunningham ruled the decision was wrong because the panel should have decided the question of relevance itself. ‘‘Given the [Police] Vetting Service’s conclusion­s that the incidents occurred when the applicant was a youth, they involved relatively low level offending, and he was now an adult with no further known offending of that nature, it was important that it was satisfied there was a relevant risk, rather than leave it to the Fire Service,’’ she said.

The decision revealed the Police Vetting Service, which has

29 staff, handled more than

630,000 vetting applicatio­ns last year. About 2 per cent involved the potential release of nonconvict­ion details. These were dealt with at a higher level and .05 per cent were referred to a Vetting Review Panel staffed by four or five senior police staff.

‘‘Police will sometimes have informatio­n that does not relate to criminal offending, or which has not been tested by the Court or otherwise independen­tly verified and that material can be very prejudicia­l to the individual

concerned,’’ Justice Dunningham said.

The man’s file showed police received a complaint from his

16-year-old cousin in November

2013, alleging indecent touching when he was 11 to 12 years old and she was 6 or 7. Her 13-year-old sister soon after made a complaint of similar offending when he was 14.

Police conducted evidential interviews of the complainan­ts and interviewe­d the man who denied the allegation­s. They wanted to charge him, but the complainan­ts did not want to go ahead. Before he knew the girls had decided they did not want him charged, the man signed a consent authorisin­g police to disclose informatio­n it held about him to the Fire Service and to the foster home agency Open Home Foundation.

Justice Dunningham said the panel had rightly assured itself the allegation­s were sufficient­ly supported and it was entitled to release material even if a conviction had not resulted. The further test was whether the informatio­n was relevant. Since the panel had not reached a clear view on the relevance of the allegation­s, it should also have given the man a chance to be heard on the release of the informatio­n, she said.

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