oneperth.com.au | Perth news

CHRIS THOMSON

Elderly residents of 11 Brightwater Care Group homes across Perth have been denied their regular outings after a bus funded by state government agency Lotterywest was controversially used for deliveries.

The bus’s former driver Jenny Pescud, pictured beside the $108,000 vehicle, says its use for resident outings has been much curtailed since her employment with Brightwater abruptly ended in September 2011.

This claim is backed by a Brightwater resident who wishes to remain anonymous. She says that elderly residents at her home have not been on a bus outing since Ms Pescud was shunted from Brightwater.

Brightwater General Manager Jennifer Lawrence tells a different story.

She says the bus is now being used as per normal after the service was “reduced briefly” following a review of the bus’s use.

“Brightwater has reviewed the bus service for residents, as is normal practice for any new service within the organisation, in order to ensure that the service meets the needs of our residents,” Ms Lawrence told oneperth.com.au.

However, there was nothing routine about the review – with Brightwater advising Ms Pescud by letter dated September 21 that the review arose from “a number of issues raised about the operation of the bus service”.

Ms Pescud had earlier complained that the bus’s use for deliveries was compromising its use for resident outings.

The Brightwater letter also told Ms Pescud that the bus service would be suspended pending outcomes of the review.

As a result of the suspension – which largely arose from Ms Pescud’s complaints – Brightwater decided not to renew her 12-month contract.

Ms Lawrence says that when the bus is not being used to transport residents it is employed to deliver specialised equipment to Brightwater homes for residents’ use.

This use is contrary to Lotterywest’s understanding – communicated to Ms Pescud by letter on September 9 – that Brightwater had agreed to use the bus only to transport residents.

“We have made contact with senior management at Brightwater and been advised that there were considerations to use the bus for a purpose other than resident transport, but that it has been decided that this path will not be pursued,” Lotterywest senior manager Mark Teale wrote after Ms Pescud raised her concerns with him.

“We have been advised that the bus will only be used to transport residents.”

Ms Lawrence said that, due to the review, Brightwater was recruiting a full time therapy assistant to operate resident outings.

“The bus outings continue for the residents until this happens,” she said.

“Therapy assistants from the aged care facilities operate the service in the interim.”

Lotterywest told oneperth.com.au that incidental use of the bus was acceptable under its $97,075 funding contract with Brightwater.

CHRIS THOMSON

A full-time staffer of a state government law agency has had her application to become a lawyer rejected after failing to reveal key details of past criminal convictions.

Ronelle Anne Jarvis, 46, is an Edith Cowan University law graduate employed full-time by government statutory body Legal Aid WA.

She appealed a decision by the Legal Practice Board not to facilitate her application to be admitted to the bar.

The Board had considered Ms Jarvis eligible for admission because she had the necessary academic and practical legal training. However, her application had disclosed four criminal convictions.

These ranged from obtaining a financial advantage from Centrelink in 2008, stealing as a servant in 2002 and in 1989, and giving a false name to police in 1985.

After a formal inquiry, the Board concluded Ms Jarvis was not “currently a fit and proper person to be admitted”.

After noting she had failed to disclose key details of some of the offences, the Board considered she might not disclose all relevant facts when required to do so – an essential trait of a lawyer.

In a decision published today, State Administrative Tribunal Deputy President Tim Sharp dismissed Ms Jarvis’ appeal against the Board’s refusal.

Judge Sharp concluded her criminal record and lack of candour demonstrated the Board’s decision was correct.

STAFF REPORTER

The government will compel younger school leavers to arrange a 21-year-old key holder if they want to book accommodation on Rottnest Island.

Tourism Minister Kim Hames said the new regulations would help ensure responsible supervision of younger school students who wished to celebrate the end of the school year on the island.

“In the past two years, there has been a rapid growth in ‘Juvie Leavers’, where students in years 9, 10 and 11 visit Rottnest Island to celebrate the end of the school year,” Dr Hames explained.

“This is an important time in the lives of these young people, when they may fall in love with Rottnest for the rest of their lives.

“But it comes with challenges that must be managed.”

Dr Hames said the new restrictions would mean accommodation booked during the 10-day period of ‘Juvie Leavers’ – immediately after the last teaching day at most WA private schools – must have a key holder older than 21.

“This change in regulation is only applicable to this specific period – this year from Monday December 3 to Sunday December 16,” he said.

“Juvie Leavers can be a success and we are taking lessons learned from normal Leavers’ celebrations and modifying them for younger students.

“There is nothing that can replace the responsible supervision of an adult in a situation like Juvie Leavers,” Dr Hames counselled.

Dr Hames said he “expected” parents and guardians to take an active role in end-of-school celebrations to ensure their children remained safe.

In his second Rottnest media release for the afternoon, Dr Hames announced the island campground would received a $750,000 overhaul.

In his third Rottnest media release for the afternoon, Dr Hames announced a $300,000 boardwalk on the island’s west end had been opened today.

In his fourth Rottnest media release for the afternoon, Dr Hames announced the island’s golf course would get a $300,000 overhaul by course designer Davey Shearer.

Unaided by media release, oneperth.com.au can reveal the government also plans to demolish and replace four tennis courts on the island – two at Geordie Bay and two at Kingstown.

CHRIS THOMSON

Bottles or drinks glasses have been used to slash bar patrons, party goers or security staff in at least five violent outbursts in and around Perth this weekend.

SUBIACO GLASSING

This morning, police spokesman Samuel Dinnison said that officers were investigating a reported glassing at the Flawless night spot in Subiaco.

Mr Dinnison said that just before 11:00pm an argument broke out between two groups of people.

The tension escalated and a man was struck to the head with a glass or bottle.

A fight then erupted between the groups and a glass was thrown at a wall and smashed, showering onlookers with shards.

Both groups were ejected from the club.

The victim was taken to hospital for treatment to several minor cuts.

FREMANTLE BOUNCERS ATTACKED

Also last night, several bouncers were allegedly assaulted at Fremantle’s Sail and Anchor Hotel.

A group of patrons was allegedly stoushing in the bar area when a bouncer stepped to them.

Mr Dinnison said the bouncer was allegedly struck to the head with a glass or bottle.

A second bouncer tried to help her colleague and she was allegedly knocked to the ground.

Police also allege that several people punched and kicked her and that two other security guards were assaulted as the group left.

Police arrested several people and investigations are continuing.

The male bouncer was taken to nearby Fremantle Hospital with minor injuries.

Police are seeking information about the condition of the female bouncer.

COODANUP PARTY VIOLENCE

In a third suburban flareup, police were called to a disturbance at the community centre in the Mandurah suburb of Coodanup.

About midnight, up to 20 people were reported to be fighting with bottles.

On arrival at the centre, police found two people had received serious injuries.

A 28-year-old man received a cut to the head after being struck with a bottle.

He also received facial injuries after being attacked by a group of people, and was taken to hospital for treatment.

A 23-year-old man was also taken to hospital with facial injuries and suspected broken ribs.

LYNWOOD RUCKUS

About 12:15am police attended the Lynwood Community Centre in Perth’s east after hearing that a mob of 50 people was fighting and bottles were being smashed in the car park.

By the time police arrived, the ruckus had finished and a group of people had returned to the centre.

About 12:50pm another call was received about 20 people blueing in a nearby street.

One person was taken to hospital with a cut to his head.

Last night’s violence follows the slashing of a 19-year-old in the neck at Joondalup’s Sovereign Arms Tavern on Friday night. The faux English pub was shut down for half an hour while police established order.

Anyone with relevant information about any of the attacks should call Crime Stoppers on 1800 333 000.

CHRIS THOMSON

Global food giant HJ Heinz has been ordered to rehire a veteran Perth salesman and repay him salary from August last year when he was unfairly sacked.

In a decision published today, Fair Work Australia Deputy President Brendan McCarthy found the dismissal of Frank Moretti was unfair and “harsh, unjust or unreasonable”.

Mr Moretti had toiled for Heinz since 1983. Before he was fired, he had been the company’s WA Field Sales Manager since 1990.

In testimony accepted as fact by Mr McCarthy, Mr Moretti said he had reported allegations of improper conduct by one of his 10 staff.

Mr Moretti asserted that a Heinz general manager, Scott Patterson, later counselled him for not giving the female worker a formal warning.

Mr Moretti said Mr Patterson had claimed that:

• he should have “gotten rid of” the worker;
• another Heinz manager had accused him of being argumentative and getting things mixed up; and
• Heinz Australia executives at the highest levels had lost faith in his management.

“I asked, ‘since when is this, Scott’,” Mr Moretti said at the hearing.

“He replied, ‘last year or so, the view is unanimous’.

“I said, ‘how come I have only just heard about this?’”

Mr Patterson was said to have told Mr Moretti he was no longer wanted at Heinz and that he would be ”performance managed” out of the business.

At the hearing, Heinz claimed Mr Moretti had refused to participate in performance management and that this was why he was fired.

Mr McCarthy heard that Mr Moretti became suspicious of the need for a performance management plan and its real purpose.

“Moretti’s view was conveyed concisely in his evidence that: ‘They just wanted me to sign the bit of paper which, as far as I’m concerned, it was the first step out the door. And in view of what Scott Patterson had told me’,” Mr McCarthy noted.

“In my view, Moretti had good reason for that suspicion.”

Mr McCarthy noted Heinz did not produce evidence from Mr Patterson about the meeting nor a plausible explanation as to why that the evidence was not given.

He ordered that Heinz reinstate Mr Moretti to an equivalent position and backpay him salary lost since his dismissal in August last year.

Photo: Gordon Jolly

STAFF REPORTER

Western Australia’s Department of Fisheries has apologised to a Taiwanese immigrant who made a racial discrimination complaint after being slapped with fishing charges.

The department today revealed it had reached a confidential settlement with commercial fisher Fu-Hsin Chen against whom it had earlier dropped the charges.

Mr Chen had migrated from Taiwan and ran a fishing business from Perth.

The settlement followed a complaint made by Mr Chen to the Australian Human Rights Commission alleging the department’s action had discriminated against him on the grounds of race.

In June 2009, after an investigation by departmental officers, Mr Chen was arrested on suspicion of breaching the Fish Resources Management Regulations, in his role as Owner/Manager of Shine Year Fisheries (Aust) Pty Ltd.

In November 2009, the department dropped the charges against Mr Chen.

The department says two independent reviews were conducted into the investigation that led to Mr Chen’s arrest and the release of a media statement after the arrest.

The review process cleared Fisheries officers of misconduct.

However, deficiencies in procedures leading to Mr Chen’s arrest were identified.

Fisheries says it has acted on recommendations for improvement of its practices but does not accept its actions were racist.

The department apologised for distress it caused Mr Chen and his family and for any adverse impact on his business.

CHRIS THOMSON

6.00AM FRIDAY UPDATE: A severe weather warning issued for last night as the remnants of Cyclone Iggy crossed the coast has been cancelled.

At 4.15am the remains of ex-Tropical Cyclone Iggy was popping across the coast south of Geraldton and producing areas of rain over western parts of the Southwest Land Division.

The Bureau of Meteorology says the low will continue to weaken as it moves inland. Areas of rain and strong winds are still likely, but heavy rain and damaging winds are no longer expected.

Heavy rain did fall in spots over the past 12 hours and susceptible areas may still be experiencing local flooding.

The 19.8mm that has fallen in Perth since 9am yesterday brings the monthly tally to 25mm – already more than the 12.6mm long-term average for the whole month of February.

Lancelin has recorded 98mm of rain since 3pm Thursday.

Higher than normal tides are expected along the west coast.

The State Emergency Service has received four calls for help – from Stirling, Gosnells, Bayswater and Wanneroo.

Most of the callers needed repairs to minor roof leaks.

The Bureau has forecast patchy rain clearing later this afternoon, and a maximum of 29 degrees.

Photo: Wendy White

CHRIS THOMSON

Western Australia was one of only two states or territories to record a rise in new home sales in the leadup to Christmas.

Housing Industry Association figures released today show the number of new homes sold in WA rose 6.8 per cent in seasonally-adjusted terms over the month of December.

WA’s growth rate was second only to the 12 per cent spike in South Australia which was the only other jurisdiction where new home sales did not contract.

The HIA survey of Australia’s largest 100 residential builders showed the volume of sales nationally fell by a seasonally-adjusted 4.9 per cent.

The increased number of new homes sold in WA did not correspond to a rise in home sales values in Perth, however.

RP Data figures released yesterday showed Perth was the weakest capital city performer over the December quarter with a drop in home sales values of 2.1 per cent in seasonally-adjusted terms.

On a slightly more positive note for vendors, that rate improved when the month of December only was taken into account. In seasonally-adjusted terms, Perth housing prices dropped 1.6 per cent over the month.

CHRIS THOMSON

EXCLUSIVE: A serial sex offender who sat naked in the back of a Transperth bus has been banned from riding public transport on weekdays.

The 26-year-old man’s myriad offences on Perth’s public transport system were revealed in a decision published today by District Court Chief Judge Peter Martino.

In August 2004, the man sexually assaulted a 13-year-old girl and 14-year-old girl at a bus stop.

At the same stop on a different day he exposed himself to a group of girls waiting for a bus. He then threw a rock at a bus, striking the head of a student aboard.

In March 2006, the man was convicted of assault after approaching a 12-year-old school girl on a train, sitting beside her and placing his knee on her knee.

NAKED

In April 2007, he was convicted of disorderly behaviour in public after sitting naked at the back of a bus that was carrying children and adults.

In June 2007, the man verbally abused a 12-year-old girl on a train.

He followed the girl off the train and pushed her. She fell onto the side of a bus that was coming to a stop.

The public transport offences are but a sample of the many of which the man has been convicted in recent years.

Clinical psychologist Lara Harmsworth told Judge Martino that the man posed a significant risk to older children and young women.

NO PURPOSE

Ms Harmsworth testified that the man – who is autistic – spent lots of time riding public transport with no purpose, which brought him into contact with potential victims.

Judge Martino issued orders banning the man from buses, trains or ferries for 12 months between 8am and 4.30pm on weekdays.

Further restrictions placed on the man included the need for him to stay exclusively at Disability Services Commission housing rather than at times with his parents at their Eden Hill house.

The restrictions were in response to an application by police commissioner Karl O’Callaghan for a child protection prohibition order against the man.

Dr O’Callaghan will be free to apply for a further public transport ban when the imposed 12 months expires.

STAFF REPORTER

With Perth temperatures set to climb into the forties again this weekend, a prominent sports medicine group is advising sports organisers to cancel events if conditions get too hot.

Sports Medicine Australia WA is urging all sporting bodies to adopt a sensible and flexible approach to the heat.

SMA (WA) says that exercising, or playing sport, in hot or humid conditions can lead to dehydration, heat illness and sometimes the more serious consequence of heat stroke.

The organisation’s ‘Beat the Heat’ guidelines recommend that when temperature rise above 36 degrees with a relative humidity exceeding 30 per cent the risk of heat illness is extreme.

It guidelines recommended that sport be postponed to cooler conditions, cooler parts of the day, or be cancelled altogether.

WA Institute of Sport medical director and Sports Medicine Australia spokesperson Carmel Goodman recommended cancelling all sport over the next few days when temperatures were predicted to reach over 40 degrees.

“Heat stroke can be fatal and warning signs of heat illness including headache, nausea, confusion or light-headedness, should be treated seriously by stopping exercise, drinking fluids and seeking medical management if not improving rapidly,” Dr Goodman said.

The Bureau of Meteorology has forecast maxima of 41 degrees for today, 42 degrees for Saturday and 35 on Sunday.