Shane Patton was never the problem – refusal to take his advice was

There are two faces to police Chief Commissioner Shane Patton. The public one where he’s always optimistic and the one behind closed doors where he is in a constant arm wrestle with the government arguing for stronger and more resources.

It is no secret Patton wanted a second term when his first five-year contract finishes in June. And while under the terms of his contract he should have been told in December, there was silence.

Finally in January, after the deadline lapsed, he was told he would be renewed and offered a second contract.

Shane Patton and Victorian Premier Jacinta Allan (left).Credit: Eddie Jim

On Friday, a Police Association no-confidence motion was passed overwhelmingly against Patton and within hours, he was on borrowed time. The government had backflipped and wanted him to resign. He refused, and it was made clear to him the contract extension was off the table. (The appointment of a chief commissioner is a Governor in Council one, and we can’t rule out another U-turn.)

The vote of no confidence in Patton is a vote of no confidence in government policy, staff numbers and the pay offer on the table. Decades ago, the Police Association executive passed a no-confidence motion in Victoria’s best chief commissioner, Mick Miller, and he continued unhindered.

The rank-and-file see Patton as compliant to the government, but those with knowledge of his work routine say he regularly fights with government ministers and has had a range of requests for tougher laws rejected.

The swings in the Werribee and Prahran byelections have shocked the government into action, prompting Premier Jacinta Allan to recalibrate on law-and-order issues.

She has announced a review of the bail laws because of community concerns about home invaders being regularly bailed.

Police who have an outstanding arrest rate relating to aggravated burglars and Patton have long argued for tougher bail laws. His requests have been constantly rejected by the government.

His arson, homicide and organised crime specialists deal with Victoria’s tobacco wars where shops are being torched on a weekly basis. Patton pointed out Victoria was the only state without an effective tobacco licensing system.

Police Minister Anthony Carbines did not respond to questions about the chief commissioner’s position.Credit: Eddie Jim

He fought and won over the age of criminal responsibility with the government wanting it raised to 14. It remains at 12.

He persuaded the government to strengthen anti-criminal association laws that were so weak that for years they were never used. The government finally agreed to ban outlaw motorcycles gangs wearing colours in large public displays.

Patton asked for money for IT, stronger laws for demonstrations and hate crimes, more trainers at the Police Academy and the removal of rules that award costs against police when an accused is found not guilty (this costs millions and Victoria is the only state with such provisions). All were rejected.

The government refused requests for on-the-spot family violence orders to be issued by police, saving thousands of court hours, and more efficient DNA legislation in line with other states.

When NSW and Queensland police were drafted in for massive Melbourne demonstrations, they had to be briefed to act within the restrictions of the local Human Rights Charter – some burst out laughing.

Rather than expand the force as promised, Patton has been told to strip positions to save $2 billion over four years.

The move to remove Patton smacks of panic and looking for a patsy.

It also shows a government in a death spiral. The chief commissioner is regularly contacted by ministers and government advisers on micromanagement issues that show a disregard for the independence of police under the doctrine of the Office of Constable.

There can be no greater example than the case of former deputy commissioner Ross Guenther.

Guenther is acknowledged worldwide as an expert on counterterrorism through his connection to the Five Eyes international intelligence alliance and had the portfolios of crime and operational policing.

Former deputy commissioner Ross Guenther left the force late last year.Credit: Justin McManus

A year ago, I wrote a story quoting Guenther’s views on the criminal justice system.

“Why do self-interest groups and self-described experts have so much sway over issues that impact the whole community? Do we adequately respond to the needs of victims?”

He said all the elements “are committed to doing good, but the system is not co-ordinated, and the elements are not working together”.

His ideas made sense, including suggesting a criminal justice system summit. The government went into meltdown, gagged Guenther and blocked his career path.

He has since left the force.

Patton came to the job with a range of reforms. He had a back-to-basics philosophy: more visible police, better connection with the local community, a more practical discipline system and a greater concentration on general duties operations.

But his initial period in charge was blighted by COVID-19 lockdowns.

“COVID hurt us, there is no doubt. We had no playbook for something like that. We could have done better and it took some chips off us,” he told me.

For various reasons, Victoria Police (along with every other force in Australia) has been unable to reach recruiting and retention targets, leaving it 1100 members short with another 700 on long-term sick leave. Patton asked the government for a recruit advertising budget. It was rejected.

This means Patton has been unable to reach his aim of greater street policing numbers as stations battle every night to find enough staff to fill divisional van shifts, and 43 stations meant to operate 24 hours a day now close at night.

He has also been given the job of stripping back police positions to meet government expectations due to new budget restrictions.

The government knows that when former premier Jeff Kennett lost the police rank-and-file vote, he lost the election.

Shane Patton was never the problem. Refusal to take his advice was.

The new pay deal, signed off by Patton and the Police Association, is now under threat. We are likely to have a four-month period with a caretaker chief commissioner and the position, once considered the nation’s premier police position, is now tarnished.

New applicants, knowing they have to strip $2 billion off the budget, deal with a large number of resignations and retirements, a sick-leave epidemic and a chronic morale problem, may demand the very legislative changes denied to Patton in the first place.

Police Minister Anthony Carbines was contacted for comment and said: “We acknowledge the result of the vote by [the Police Association] and its members, and we value the hard work that our police officers and PSOs do every day in keeping Victorians safe. A process is under way for the role of the chief commissioner of police, and it would be inappropriate to comment further.”

John Silvester lifts the lid on Australia’s criminal underworld. Subscribers can sign up to receive his Naked City newsletter every Thursday.