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Posted: Sat Aug 29, 2009 6:41 pm
Was heading south down Tonkin Hwy at about 2230 on Friday night and spotted an AFP Ford Station Wagon parked on the side of the road with lights on attending what looked like either an abandoned vehicle or MVA. Do AFP PSO's or Agents have a legal obligation to attend these or leave it for the Local LEO's? What about Defence Police (MilPol, SECPOL etc)?
Obviously anyone that witnesses a MVA would in their right mind stop and assist, but legally - are they supposed to?
Posted: Sat Aug 29, 2009 11:02 pm
when travelling in an emergency vehicle...yes it is expected. It would look bad on the service if they drove straight past an accident without stopping unless they were going to a bomb scare or something at the airport. Once WA Police arrive on scene the incident would be handed over to them.
Posted: Sun Aug 30, 2009 2:12 pm
If that particular location was part of, or adjacent to, the airport then they may have attended as a matter of course.
Posted: Tue Sep 01, 2009 11:34 pm
auntys_eyes wrote:If that particular location was part of, or adjacent to, the airport then they may have attended as a matter of course.
in retrospect, i think they were attending as a matter of course. the incident was between gt eastern hwy and horrie miller dve.
Posted: Tue Sep 15, 2009 8:26 pm
I think you will find AFP have no legal right to do anything related in WA.
E.G accidents shootings etc.. just the rights of a normal citizen
except if its on federal property like parliament, or stuff like that.
correct me if I am wrong pls. e.g if afp officer sees a guy grafitting he can't do anything but follow, report to wapol or make a citizens arrest (opening up a whole can of worms).
Posted: Mon Sep 21, 2009 11:32 pm
there are so many grey areas when it comes to that. i'd say you were correct tho.
the same goes for milpol or secpol. they only have citizen powers outside of a base (unless in war time conditions) i think. but i do believe that they still have power of arrest etc if the poi is believed to be serving in the ADF.
Posted: Mon Sep 21, 2009 11:43 pm
As a side note, There are still a bunch of WAPOL officers on secondment to the AFP - So theres no telling which officers can draw from which legislation..
Posted: Tue Sep 22, 2009 10:23 pm
AFP Police Officers can draw upon state legislation under their powers from the Crimes Act 1914 and AFP Act, however most members in WA are Special Constables of the WA Police. In most instances the AFP arn't insterested in state property or person offences unless they have a cross jursitiction element....thats why we have state police.
There have been instances, such as the Victoria Bush Fires, where AFP Agents have been used for Community Policing to assist state police however this would generally only be at the request of the state.
Posted: Sun Sep 27, 2009 6:02 pm
I have seen AFP attend/handle a crash that occured on airport land in the NT as this is their jurisdiction
Posted: Sun May 01, 2011 7:05 pm
SecPol, Militay Police (MP) and Naval Police (NPC) juristiction ceases at the main gat of any Military base. How ever local police can request assistance on civilian roads from Service Police. How ever NPC's do carry juristiction in all Commonwealth buildings and have the full power of arrest in this case. All Service Police can carry handcuffs, ASP Batons and OC Spray, however they are restricted to carrying sidearms (Browning 9mm) for official duty only on civilian streets.
In saying this if they are first on scene, they are allowed to use thier vehicles lights (if fitted) as warning device, but will hand control overto loacal authorities once ther are on scene.
Posted: Tue Jul 03, 2012 3:08 pm
The AFP role has somewhat expanded around the Airport under a MOU with WA Police and they are now attending/managing most incidents that occur within the Airport Precinct.
You will soon start seeing them doing RBT/Traffic around the Airport now they have been gazetted to do so.