CAPÍTULO II. MARCO TEÓRICO
2.4 La formación docente
2.4.3 Etapas de la formación docente
2.4.3.2 Formación permanente
sexual assault victim. CMC 2002b, p. 54)
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It is widely recognised that specialised police training in the area of sexual offences is crucial to sound, sensitive and informed investigations. This is reflected by the fact that the majority of police services in Australia and New Zealand require officers to undergo some type of specialised training before working in the sexual offences area. As indicated in Chapter 4, the QPS policy recognises the importance of specialised training and, even though:
[the] sex offences course is not mandatory at Argos … there are only so many places set aside for the course but if people from the sex crimes unit apply to do it they get on it and others miss out … that was one course they suggested you do, especially being in the position of team leader.
Sergeant, QPS. Interview with CMC 10.10.02 However, PACT (pp. 2–3) reported to the Inquiry that there can be significant variations in the degree of familiarity held by QPS officers about sexual offence guidelines and procedures and that this may be a training issue. This is
especially so for officers based outside the JAB (Juvenile Aid Bureau) and the CSAIU (Child and Sexual Assault Investigation Unit). While the specialist sexual offence units have a statewide brief, it is often the non-trained officer who responds to reports of sexual offences in the regions and this may be where some of the gaps lie. PACT (pp. 2–3) noted, for example, that although ‘QPS
guidelines direct that all child sexual assault matters are referred to a multidisciplinary, interdepartmental SCAN Team, officers of PACT have noted that this is not always the case’.
These concerns may indicate a lac k of training, which, in turn, ma y reflect problems with the limited availability of courses, the stringent prerequisite requirements of courses and a low expectation to participate in training (i.e. this may be a management issue). Inadequate monitoring systems may also be a problem. Each of these issues is discussed below.
Availability of specialist sexual offence courses
Concerns were raised during consultation with police officers in the regional areas of Townsville (31.10.02) and Cairns (28.10.02), at the public hearings and in a number of written submissions, that specialist training courses were not sufficiently a vailable. The Queensland Police Union of Emplo yees (QPUE) also advised the Inquiry that police officers are commonly told that ‘the formal specialised training courses are not available and will [only] be run when money becomes available’ (QPUE, p. 4). A lack of courses may have contributed to the low proportion of officers who have participated in specialist training overall, although information about the actual number of specialist sexual offence courses that have been provided by the QPS on an annual basis does not seem to be available. Participation rates are discussed in more detail below.
The proportion of officers who have undertaken specialist training
Despite the recognised importance of specialist training in sexual offences, it became clear during the hearings that the proportion of officers in specialist sexual offence squads who have received specialist training ma y be low. However, the overall proportion of officers in the Service and/or the proportion of members of the specialist squads who have received specialist training is difficult to assess because the QPS does not appear to have collected comprehensive data in this regard.
Acting Superintendent Barron indicated at the hearings that approximately one- third (or 30 per cent) of staff in the sexual offences squad had been ICARE- trained (CMC 2002b, p. 10), although this training is only considered to be necessary for officers who work with children. In response to a follow-up request by the Inquiry after the public hearings, the QPS explained that 560 plain clothes officers had undertaken the sexual offences lecture (of four hours duration) as part of the detective training program since 1997 (an average of around 93 officers per year) and that, since the inception of the ICARE program on 1 July 1999, 223 officers had undertaken that training statewide. With the
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C H A P T E R 7 : T H E F I R S T T E R M O F R E F E R E N C E departure of 11 of those officers from the Service, the remaining officers were distributed as follows:
• Sexual Crimes Investigation Unit — 8 officers
• other State Crime Operations Command — 31 officers • regional Criminal Investigation Branches — 51 officers • Juvenile Aid Bureau — 92 officers
• police prosecutors — 3 officers
• other general duties and specialist functions — 27 officers.
The QPS also noted that these figures are not indicative of the total number of staff w ho are ICARE-trained as (a) not all attendees have been recorded since 1997 and (b) a significant number of officers were trained between 1990 and 1997, but that records are difficult to interpret for that period.
The QPS also reported that, since 1997, a number of ICARE ‘train the trainer’ courses had been conducted and that 61 officers had attended those courses. In addition, more officers had been accredited before that period, but exact figures were not available.
The QPS also ad vised the Inquiry that at least 192 officers had undertaken the Sexual Offences Investigation Course since 1997 (although the actual number is likely to be more) and that, apart from 15 officers who had since left the
Service, these trained officers were located in the following areas: • Sexual Crimes Investigation Unit — 15 officers
• other State Crime Operations Command — 36 officers • regional Criminal Investigation Branches — 36 officers • Juvenile Aid Bureau — 43 officers
• police prosecutors — 2 officers
• other general duties and specialist functions — 45 officers.
The QPS also reported that there had been a number of three-da y introductory sexual offences investigation courses provided to staff.
The QPS noted that, wherever possible, officers were programmed to attend specialist courses within their first six months of duty in the specialist squads. Howev er, the figures above suggest that this may not be happening satisfactorily and/or may not be monitored appropriately.
Prerequisites of courses
Prerequisite requirements for acceptance into specialised sexual offending training courses were noted as possible barriers to further learning for officers. According to the QPUE submission (p. 4), the Sexual Offences Investigation Course, for example, cannot be completed by officers ‘who have not at least completed the first phase of detecti ve training’. The submission goes on to note:
… a significant number of plain clothes constables and senior constables make up the SCIU and the JABs and most have not completed the Detective Training Course. This means that such officers cannot access the Sexual Offences Investigation Course and subsequently lack training in this area.
Ongoing or refresher training
Concerns were also expressed about the lack of further training above and beyond the introductory courses currently available for police in Queensland. The QPUE submission noted that (p. 4):
there is no system in place for experienced police officers to receive formalised updated training as legal requirements change. There are no formal refresher courses or advanced courses for officers who have completed their training some years earlier, to ensure that those officers maintain current and relevant skills.
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Ongoing training is necessary in the sexual offences area because case law, legislation and best practice policies change over time. The research evidence documented in Chapter 2 of this report and a recent review of the ICARE training program by the Department of Families and the QPS (2001) also highlight the need for ongoing training and supervision in this area. Additional training as a way to achieve best practice, for example, has been acknowledged in New Zealand, where it is police policy to ensure that officers working in the area of adult sexual assault undergo specialised ongoing training and those working in the area of child sexual abuse attend advanced training courses (New Zealand Police 1998).
Overview of specialist training for sexual offence investigations
It is clear that all police officers who work in the specialist sexual offence squads require specialist training and the Commission makes specific
recommendations in this regard (see belo w). Such training, however, will require incremental implementation. It may need to be phased in over several years to accommodate all current and future officers in these squads. To ensure that phasing in occurs appropriately, the QPS will need to record and monitor course participation carefully so that implementation is assured.
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ECOMMENDATION1 —
That specialist sexual offence training be required for all officers working for Taskforce Argos, the SCAN (Suspected Child Abuse and Neglect) teams, the Child and Sexual Assault Investigation Unit, the Criminal Investigation Branch and the Juvenile Aid Bureau in Brisbane and in the regions, and for police prosecutors working with sexual offences.
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ECOMMENDATION2 —
That ICARE (Interviewing Children and Recording Evidence) training be required for all officers working in the specialist child sexual offence squads.
Issue 8: Content of training courses
The Inquiry was advised that the QPS Sexual Offences Investigation Course includes the following learning outcomes:
• a thorough knowledge of legislation, policies and procedures as they affect the field of sexual offending
• the ability to identify all evidence required to substantiate and corroborate a complaint of a sexual nature
• the application of the provisions of associated acts and case law to sexually related investigations
• recognition of the physiological and psychological stress suffered by the victim of an assault of a sexual nature
• information about intellectual and physical disabilities.
Further, the QPS suggests that the JAB and ICARE courses have a strong focus on legislation and the acceptance of evidence by the courts and the legal
profession (more information about police training courses is documented in Chapter 4 and Appendix 5).