WEBVTT - Finding the Missing with their Phones.

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<v Speaker 1>Podcast Unite Our Voices.

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<v Speaker 2>This is Curtain, a podcast where we expose the disappearances

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<v Speaker 2>of Aboriginal people across this country, shining a light on

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<v Speaker 2>the darkest parts of our justice system.

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<v Speaker 1>We ask who are the victims? I'm aiming Maquire, and

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<v Speaker 1>I'm Martin Hodgson, Senior Advocate at the Foreign Prisoner Support Service.

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<v Speaker 1>And a warning. This series contains the names of deceased

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<v Speaker 1>people and includes distressing content that may upset some listeners.

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<v Speaker 2>Hello, Welcome to Season two, Episode seven of Curtain, the

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<v Speaker 2>podcast where we're looking in depth at the disappearances of

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<v Speaker 2>Aboriginal women. And today we're going to take a turn.

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<v Speaker 2>We're going to look particularly at police investigations because we

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<v Speaker 2>feel we need an evidence base in which to work

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<v Speaker 2>from when we begin looking at cases that we're going

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<v Speaker 2>to investigate through this podcast, and we want to give

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<v Speaker 2>you the listener and understanding and the background of some

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<v Speaker 2>of the logistics and roles that police play when they're

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<v Speaker 2>actively looking at missing persons. The reason this is so

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<v Speaker 2>important is because we're looking particularly at the racialized nature

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<v Speaker 2>of these cases and how the police are complicit in

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<v Speaker 2>the continual disappearances of Aboriginal women in order to understand that,

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<v Speaker 2>we have to actually delve into police protocols and how

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<v Speaker 2>they actually investigate these ongoing cases. We're going to specifically

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<v Speaker 2>look at one issue, and that's triangulation because it does

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<v Speaker 2>play a role when police are going out to look

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<v Speaker 2>for a missing person. Across Australia, over forty thousand people

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<v Speaker 2>are reported missing every year. We don't really know how

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<v Speaker 2>many of those are Aboriginal people, how many of those

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<v Speaker 2>are Aboriginal men, women, and children, because the police often

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<v Speaker 2>do not count and they don't tell us.

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<v Speaker 1>The majority of those missing.

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<v Speaker 2>Persons are found within a day. Then there's about two

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<v Speaker 2>percent of US persons who are ongoing missing person's cases,

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<v Speaker 2>and we've told you in this podcast that it disproportionately

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<v Speaker 2>affects Aboriginal women and people in particular.

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<v Speaker 1>Martin has done his.

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<v Speaker 2>Own research into the issue of triangulation, and so we're

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<v Speaker 2>going to start there. Martin, can I ask you first

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<v Speaker 2>what is triangulation?

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<v Speaker 1>So triangulation is one form of locating someone via their

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<v Speaker 1>mobile phone. So in this day and age, it's really

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<v Speaker 1>important given that almost everybody has their mobile has a

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<v Speaker 1>mobile phone and often has it when they go missing.

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<v Speaker 1>It is known that some people do leave their mobile

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<v Speaker 1>phone behind, but generally those missing persons cases where the

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<v Speaker 1>mobile phone has been left behind and tragically involves suicide.

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<v Speaker 1>So given that so many people who go missing have

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<v Speaker 1>their mobile phone on them, triangulation allows the police to

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<v Speaker 1>locate a person using their mobile data. And the way

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<v Speaker 1>it works is that almost every mobile phone app that

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<v Speaker 1>you have knows your location. You give your phone approval

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<v Speaker 1>for that app to access it, so it can be

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<v Speaker 1>done via GPS, which is a much more powerful tool

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<v Speaker 1>as it's very accurate. But triangulation, as it's used currently

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<v Speaker 1>by most state polices in Australia, simply involves looking at

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<v Speaker 1>the most recent mobile phone towers that a mobile phone

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<v Speaker 1>has communicated with, So for it to be most effective,

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<v Speaker 1>you want three mobile phone towers, as has been shown

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<v Speaker 1>in a missing person's case in Victoria this year, just

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<v Speaker 1>one mobile phone tower was enough. And the way it works,

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<v Speaker 1>quite simply, is that when your mobile phone communicates with

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<v Speaker 1>a tower, it takes a certain number of milliseconds for

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<v Speaker 1>the data to go to the tower and come back

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<v Speaker 1>from your phone, and triangulation allows for that amount of

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<v Speaker 1>time to be measured, and when you measure that across

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<v Speaker 1>the three mobile phone towers. You basically draw a circle

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<v Speaker 1>around each one based on the time it took, and

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<v Speaker 1>each millisecond gives you roughly the number of meters it is.

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<v Speaker 1>And it allows those three circles, once they're drawn, to

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<v Speaker 1>show a common point where they overlap, and that will

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<v Speaker 1>help police know within roughly fifty to two hundred meters

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<v Speaker 1>where a person might be. Using what's known as trilateration,

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<v Speaker 1>which some police forces are now using, you can locate

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<v Speaker 1>someone to within ten meters or less. So when someone's missing,

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<v Speaker 1>this is a really powerful tool, but it has to

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<v Speaker 1>be used and it has to be used appropriately.

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<v Speaker 2>So Martin, can the police so just say a missing

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<v Speaker 2>person has been reported, Can the police just go and

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<v Speaker 2>do that and decide to triangulate their phone or are

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<v Speaker 2>their protocols in place that they have to meet first?

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<v Speaker 1>Yeah, So there's protocols in place, and there's Commonwealth legislation

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<v Speaker 1>that governs it and governs it around the Telecommunications Act

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<v Speaker 1>and also the Privacy Act. So one of the first

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<v Speaker 1>hurdles that has to be overcome is that the person

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<v Speaker 1>has to be deemed high risk and that's either high

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<v Speaker 1>risk of or harming themselves, hurting or harming someone else,

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<v Speaker 1>or being hurt or seriously harmed. But one of the

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<v Speaker 1>problems with that is obviously different police are going to

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<v Speaker 1>assess someone as high risk differently, and this is what

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<v Speaker 1>we've seen come out throughout a number of inquests that

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<v Speaker 1>generally officers who are familiar with missing persons cases and

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<v Speaker 1>have had the appropriate training will understand much better who

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<v Speaker 1>is at high risk, whereas we've seen far too often

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<v Speaker 1>that police officers who have not had that training, and

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<v Speaker 1>many have admitted on the stand under oath that they

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<v Speaker 1>were never given the training to do these assessments and

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<v Speaker 1>have wrongly categorized people as low or medium risk. And

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<v Speaker 1>if someone is only at low risk or medium risk,

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<v Speaker 1>then the legislation does not allow for the triangulation to occur.

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<v Speaker 1>And what's important to understand is that is even if

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<v Speaker 1>the family requests it, and in a lot of inquests

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<v Speaker 1>we've seen recently where the person has never been found,

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<v Speaker 1>the family were desperately asking for that. So the other

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<v Speaker 1>test is that and something that's just been changed was

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<v Speaker 1>that the person had to face an imminent threat, meaning

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<v Speaker 1>the danger to them was very serious. And what the

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<v Speaker 1>inquests over the last ten years have found is again

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<v Speaker 1>different police were determining imminent as being different from case

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<v Speaker 1>to case, and often they were completely wrong, and again

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<v Speaker 1>they just hadn't had the training. So a number of

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<v Speaker 1>requests for triangulation were refused based on these misunderstandings and

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<v Speaker 1>often just bad practice. So the way it works is

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<v Speaker 1>a police officer will be assigned to a missing person's

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<v Speaker 1>case and then they take charge and they're supposed to

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<v Speaker 1>have a role throughout that process. Obviously they're not on

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<v Speaker 1>duty twenty four to seven, so the file of the

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<v Speaker 1>missing person is supposed to be updated, and new information

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<v Speaker 1>about that person means that a new risk assessment should

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<v Speaker 1>be done. Once they are deemed high risk with the

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<v Speaker 1>approval of their generally like the station manager for one

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<v Speaker 1>of a better word, it's usually an inspector, they will

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<v Speaker 1>then ask them if they can apply for triangulation to

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<v Speaker 1>be performed. Then that officer has to call a dedicated

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<v Speaker 1>officer in the police force in each state ask for

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<v Speaker 1>their permission, and that officer decides whether it's high risk

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<v Speaker 1>and whether there is a risk of serious harm or

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<v Speaker 1>death to either the person someone else or causing it

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<v Speaker 1>to themselves. And again we've seen that knocked back far

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<v Speaker 1>too many times where triangulation would have worked very well

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<v Speaker 1>and it was refused by that officer with the powder

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<v Speaker 1>decide whether it's used. So just last year, the federal

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<v Speaker 1>government overwhelmingly voted to remove the imminent aspect of the

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<v Speaker 1>threat because it was something it seemed largely to be

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<v Speaker 1>a word that many police did not even understand its meaning,

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<v Speaker 1>and a number of coroners were very scathing of the

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<v Speaker 1>police that it was obvious to all experts involved except

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<v Speaker 1>the police, that the was in imminent danger, and yet

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<v Speaker 1>the police did not understand that, not because they didn't

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<v Speaker 1>understand the evidence, but they simply didn't understand the word.

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<v Speaker 1>So to get past that risk, the word imminent has

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<v Speaker 1>been removed from the legislation. But we still have the

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<v Speaker 1>issue of whether police even ask for triangulation to occur,

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<v Speaker 1>whether they deem the person to be at risk, whether

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<v Speaker 1>they deem the person to be worthy. We've heard too

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<v Speaker 1>often where police have accused Aboriginal women in particular of

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<v Speaker 1>just walking off for gone walk about, and in that

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<v Speaker 1>case it simply will not be used. And the problem

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<v Speaker 1>with that, and the problem with making that assertion by

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<v Speaker 1>the police, and that assumption that the person wasn't at

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<v Speaker 1>risk of harm and has just walked off or gone

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<v Speaker 1>away for a few days. Is once the battery of

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<v Speaker 1>that far goes flat, triangulation is almost impossible, and so

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<v Speaker 1>we need the police and emergency services who also including

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<v Speaker 1>ambulance and fire departments who do have access to this

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<v Speaker 1>technology as well, to understand how urgent that first twenty

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<v Speaker 1>four hours is.

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<v Speaker 2>I'm just wondering Martin as well, with the fact that

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<v Speaker 2>triangulation kind assisted a battery is flat, what would happen,

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<v Speaker 2>for example, in a case where maybe a person hasn't

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<v Speaker 2>been reported missing until a couple of days after, maybe

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<v Speaker 2>because the family didn't know where they were or what

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<v Speaker 2>had happened, or that the police response had been a

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<v Speaker 2>bit lax in that it had been a few days

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<v Speaker 2>since the person has been last seen. Would triangulation in

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<v Speaker 2>any way assist or would there be I guess justification

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<v Speaker 2>for not using triangulation by those police officers.

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<v Speaker 1>I don't think there is a justification for not using it,

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<v Speaker 1>but it is often justified by saying the phone will

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<v Speaker 1>have gone flat.

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<v Speaker 2>Now.

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<v Speaker 1>The reason why I say it should still be used

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<v Speaker 1>is because let's say, for example, that a person will

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<v Speaker 1>make it really basic. Goes missing in camera in the

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<v Speaker 1>Act and after two days you can be pretty sure

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<v Speaker 1>that a modern mobile phone will have gone flat, it

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<v Speaker 1>will have lost all battery charge and not be giving

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<v Speaker 1>out a signal anymore. And in the vast majority of

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<v Speaker 1>missing persons cases, obviously they don't have a phone charger,

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<v Speaker 1>especially if they're at risk someone's taken them. But my

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<v Speaker 1>argument is that you can still ascertain the last location

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<v Speaker 1>of that phone. And so if that person's gone missing

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<v Speaker 1>from Canberra and they're reported missing in camera, but you

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<v Speaker 1>request triangulation and shows that they're in Wollongong or that

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<v Speaker 1>was the last known location, suddenly you completely change your investigation.

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<v Speaker 1>You're much more likely now to focus on the area

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<v Speaker 1>around Wollongong. You're also going to change who did that

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<v Speaker 1>person maybe know from Wollongong. Was there someone who was

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<v Speaker 1>a threat to them who had a reason to head

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<v Speaker 1>to the Wollongong area if they had kidnapped or taken

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<v Speaker 1>that person. It would also mean that it would instantly

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<v Speaker 1>give authority to the Act Police to contact New South

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<v Speaker 1>Wales Police, both at a statewide level, so that a

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<v Speaker 1>missing person's report could be put out across New South

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<v Speaker 1>Wales and also they could contact Wollongong Local Area Command

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<v Speaker 1>so that investigations could take place in that area, and

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<v Speaker 1>that would also police to go to the last known

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<v Speaker 1>location of that mobile phone and look for clues and

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<v Speaker 1>evidence there. So that's why I always believe that when

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<v Speaker 1>someone is at risk, it still should be used. The

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<v Speaker 1>other issue is that there is newer and better technology

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<v Speaker 1>usually known as trilateration, and what it is able to

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<v Speaker 1>do is like any app on your mobile phone, and

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<v Speaker 1>what your mobile phone does is not only is it

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<v Speaker 1>using mobile phone sell tower data, it's also using the

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<v Speaker 1>data of any Wi Fi networks that your phone has

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<v Speaker 1>either connected to or attempted to connect to. And it

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<v Speaker 1>also uses the GPS signal inside your phone, which if

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<v Speaker 1>you've ever used say Google Maps, it knows exactly where

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<v Speaker 1>you are. If you are standing on the corner of

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<v Speaker 1>a street, it knows you're standing on the corner of

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<v Speaker 1>a street. So that information is available to police if

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<v Speaker 1>they choose to use it. And people might think that

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<v Speaker 1>this is very difficult or expensive, but anybody who has

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<v Speaker 1>an Apple device will have access to the fine MyPhone

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<v Speaker 1>feature which you can use to find your phone or

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<v Speaker 1>your iPad or rye Watch, and it's no more complicated

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<v Speaker 1>than that, and that app simply relies on trilateration. So

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<v Speaker 1>the last Wi Fi network, which a Wi Fi network

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<v Speaker 1>has a very small range it would generally in a

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<v Speaker 1>residential area, allow you to determine that the person was

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<v Speaker 1>in one of maybe two houses at the most. It

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<v Speaker 1>also uses the GPS data, which not only lets police

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<v Speaker 1>know the location or the last known location, but the

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<v Speaker 1>route by which the person has gone from their last

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<v Speaker 1>known location to where that phone currently is, and it

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<v Speaker 1>also can tell them which Wi Fi connections it's tried

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<v Speaker 1>to pick up along the way, again helping with that

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<v Speaker 1>root information. So it's a very powerful tool, especially because

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<v Speaker 1>we know how important those first twenty four hours are.

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<v Speaker 2>And just to clarify, madam, because I think you know,

0:16:57.711 --> 0:17:01.071
<v Speaker 2>just thinking through what triangulation actually is in logistics. So

0:17:01.511 --> 0:17:04.471
<v Speaker 2>even if the phone is off, can still get that

0:17:04.551 --> 0:17:07.871
<v Speaker 2>same data before the phone was turned off? Is that

0:17:07.911 --> 0:17:11.271
<v Speaker 2>how a triangulation works? You can still you're still able

0:17:11.311 --> 0:17:14.911
<v Speaker 2>to get the data from the towers after it's turned off.

0:17:15.111 --> 0:17:19.711
<v Speaker 1>Yes, So the way that then works is that if

0:17:19.751 --> 0:17:24.151
<v Speaker 1>the phone's live, as in the battery hasn't turned off,

0:17:24.191 --> 0:17:29.871
<v Speaker 1>the police have the ability to access that information for themselves.

0:17:30.991 --> 0:17:33.911
<v Speaker 1>Generally if once the phone is off, they will then

0:17:33.991 --> 0:17:38.791
<v Speaker 1>need the assistance of the telecommunications provider, and the legislation

0:17:39.071 --> 0:17:43.231
<v Speaker 1>covers the procedures for that, so the police officer in

0:17:43.351 --> 0:17:47.591
<v Speaker 1>charge will then be able to call, say the person's

0:17:47.711 --> 0:17:52.511
<v Speaker 1>mobile phone was with Voteraphone, They can call Votaphone and

0:17:52.671 --> 0:17:57.511
<v Speaker 1>Votaphone can very quickly bring up on their computer which

0:17:57.871 --> 0:18:01.911
<v Speaker 1>sell towers. Mobile phone towers were the last ones that

0:18:01.911 --> 0:18:07.911
<v Speaker 1>that Mobile Phone ACTSS. And in addition to that, using trilateration,

0:18:09.671 --> 0:18:16.391
<v Speaker 1>the police also have the power to contact say Google

0:18:16.671 --> 0:18:21.031
<v Speaker 1>or Meta who runs Facebook and Instagram and all the

0:18:21.071 --> 0:18:27.271
<v Speaker 1>other app providers and developers, and get information from them

0:18:27.431 --> 0:18:31.751
<v Speaker 1>as to when a person may have logged onto Facebook,

0:18:32.431 --> 0:18:39.111
<v Speaker 1>and that will also contain their location data, so the

0:18:39.191 --> 0:18:44.471
<v Speaker 1>police have that power. The telecommunications companies have that information

0:18:44.711 --> 0:18:49.271
<v Speaker 1>and it's stored, so even if someone is not reported

0:18:49.311 --> 0:18:53.311
<v Speaker 1>missing for a few days, it's very easy for Facebook

0:18:53.351 --> 0:18:59.631
<v Speaker 1>to go and look when someone lasts accessed their website

0:18:59.791 --> 0:19:03.071
<v Speaker 1>or their app and where that was done from and

0:19:03.151 --> 0:19:05.591
<v Speaker 1>how it was done, was it done using Wi Fi

0:19:07.911 --> 0:19:11.471
<v Speaker 1>mobile phone data? And where did that come from? And

0:19:11.511 --> 0:19:14.471
<v Speaker 1>they'll be up to again detail that to a very

0:19:14.511 --> 0:19:19.551
<v Speaker 1>close area. So it really reduces things from looking for

0:19:19.751 --> 0:19:24.911
<v Speaker 1>a needle in a haystack to really giving police a

0:19:25.111 --> 0:19:29.351
<v Speaker 1>very good location of either where the person is or

0:19:29.391 --> 0:19:33.831
<v Speaker 1>where they have been. And just to give one example

0:19:34.311 --> 0:19:39.151
<v Speaker 1>of a person who sadly passed away having been reported

0:19:39.231 --> 0:19:45.511
<v Speaker 1>missing by their family, the police chose not to request triangulation.

0:19:45.871 --> 0:19:50.551
<v Speaker 1>That request was refused by the senior police officer because

0:19:50.591 --> 0:19:55.271
<v Speaker 1>they didn't believe the person was at risk of serious harm,

0:19:55.311 --> 0:19:59.991
<v Speaker 1>even though the evidence showed that they were, and they

0:20:00.151 --> 0:20:03.031
<v Speaker 1>were known after the event to have been in a

0:20:03.111 --> 0:20:08.271
<v Speaker 1>room in a certain hotel and the later triangulation and

0:20:08.351 --> 0:20:16.751
<v Speaker 1>trilateration data pinpointed that room, and had police made the

0:20:16.871 --> 0:20:21.151
<v Speaker 1>request for triangulation, they would have had four hours where

0:20:21.151 --> 0:20:23.871
<v Speaker 1>that person was still alive and still in that hotel

0:20:23.951 --> 0:20:27.351
<v Speaker 1>room and be able to go immediately to where they were.

0:20:27.631 --> 0:20:30.671
<v Speaker 2>And Madam, what happens. Is there any difference in geography,

0:20:30.751 --> 0:20:34.591
<v Speaker 2>for example, the use of triangulation in a city compared

0:20:34.631 --> 0:20:37.511
<v Speaker 2>to a regional or particularly a rural area where there

0:20:37.591 --> 0:20:40.591
<v Speaker 2>might not be those levels of data available.

0:20:41.351 --> 0:20:46.191
<v Speaker 1>Yeah, that's a really good point. So one thing, geography

0:20:46.231 --> 0:20:51.151
<v Speaker 1>plays a big role in multiple senses. One is that

0:20:52.711 --> 0:20:56.471
<v Speaker 1>obviously in a city there are far more mobile phone

0:20:56.791 --> 0:21:01.391
<v Speaker 1>towers than out in regional Australia, and even less in

0:21:01.431 --> 0:21:07.471
<v Speaker 1>the bush. The other issue is that something like a mountain,

0:21:08.031 --> 0:21:13.991
<v Speaker 1>even when you have mobile phone access and reception, will

0:21:14.031 --> 0:21:19.031
<v Speaker 1>slow down the speed at which the signal bounces from

0:21:19.111 --> 0:21:22.351
<v Speaker 1>the person's phone to the tower and back again, and

0:21:22.431 --> 0:21:27.871
<v Speaker 1>so that can throw out the calculations, but again it

0:21:28.071 --> 0:21:33.471
<v Speaker 1>still at least gives the police an idea. In the city,

0:21:33.591 --> 0:21:35.671
<v Speaker 1>you can have things like if someone was in an

0:21:35.711 --> 0:21:40.231
<v Speaker 1>underground car park, then there might not be any reception,

0:21:41.111 --> 0:21:44.591
<v Speaker 1>or there might be a great delay again in that

0:21:44.711 --> 0:21:47.631
<v Speaker 1>signal going from the mobile tower back to the phone,

0:21:48.271 --> 0:21:51.351
<v Speaker 1>but it will still tell the police that they were

0:21:51.391 --> 0:21:56.591
<v Speaker 1>in that underground car park. In a country area where

0:21:58.591 --> 0:22:01.871
<v Speaker 1>mobile phone reception is poor still in Australia, and Australia

0:22:01.911 --> 0:22:05.751
<v Speaker 1>is one of the worst countries in the OECD for

0:22:06.911 --> 0:22:11.951
<v Speaker 1>mobile phone reception, it will still drastically narrow down a

0:22:11.991 --> 0:22:16.791
<v Speaker 1>person's location, even if it's not as accurate. Again, so

0:22:16.991 --> 0:22:20.471
<v Speaker 1>in the city you could be accurate within at least

0:22:20.511 --> 0:22:23.951
<v Speaker 1>a few hundred meters, if not within one or two

0:22:23.991 --> 0:22:27.591
<v Speaker 1>houses on a street. In a rural area. It might

0:22:27.751 --> 0:22:32.871
<v Speaker 1>give you a result of perhaps one square kilometer, but

0:22:32.911 --> 0:22:35.591
<v Speaker 1>that is still a hell of a lot better than

0:22:35.751 --> 0:22:40.631
<v Speaker 1>someone being three or four or five towns away. So

0:22:40.951 --> 0:22:45.751
<v Speaker 1>I would argue it's always useful, and as technology improves,

0:22:45.791 --> 0:22:48.111
<v Speaker 1>it's becoming increasingly more useful.

0:22:48.231 --> 0:22:50.551
<v Speaker 2>And I was just wondering as well, like surely that

0:22:51.111 --> 0:22:53.671
<v Speaker 2>it just shocks me so much that police would be

0:22:54.111 --> 0:22:57.631
<v Speaker 2>reluctant to use triangulation if there's a search and rescue

0:22:57.671 --> 0:23:00.031
<v Speaker 2>as well, and a search and rescue effort, because it

0:23:00.071 --> 0:23:01.951
<v Speaker 2>makes me think that if you're searching in the wrong

0:23:01.991 --> 0:23:05.271
<v Speaker 2>place or you have the wrong paravidus for research and

0:23:05.311 --> 0:23:08.311
<v Speaker 2>you haven't done that triangulation, you've wasted all those resources

0:23:08.351 --> 0:23:11.791
<v Speaker 2>and that time towards finding that person as well, Like,

0:23:11.871 --> 0:23:15.951
<v Speaker 2>it's shocking that this isn't a key part in investigating

0:23:16.711 --> 0:23:19.911
<v Speaker 2>missing purposes to begin with, particularly when you know, like

0:23:19.911 --> 0:23:22.191
<v Speaker 2>a lot of these cases we know of, there have

0:23:22.311 --> 0:23:25.671
<v Speaker 2>been searchers, and what we're going to argue in future

0:23:25.711 --> 0:23:27.831
<v Speaker 2>episodes is that they were searching in the wrong place.

0:23:28.071 --> 0:23:32.551
<v Speaker 1>Yeah, it's really important for people to understand that. Because

0:23:33.231 --> 0:23:38.551
<v Speaker 1>there was resistance to the Amendment to the Telecommunications Act

0:23:39.831 --> 0:23:43.631
<v Speaker 1>that made this now easier for the police to access.

0:23:43.991 --> 0:23:48.631
<v Speaker 1>There were organizations who wanted this data to be harder

0:23:48.711 --> 0:23:53.871
<v Speaker 1>to access for the police because they were saying that

0:23:54.151 --> 0:23:58.311
<v Speaker 1>it infringes people's right to privacy and the privacy of

0:23:58.351 --> 0:24:05.391
<v Speaker 1>their data. But there are very important and clear boundaries

0:24:05.511 --> 0:24:10.031
<v Speaker 1>with in terms of what information the police can access

0:24:10.231 --> 0:24:17.271
<v Speaker 1>from triangulation. So they can't access your phone calls, who

0:24:17.271 --> 0:24:21.911
<v Speaker 1>you've been calling. They can't access, say, your text messages,

0:24:22.351 --> 0:24:27.631
<v Speaker 1>or your photos or your videos. So there's a lot

0:24:27.631 --> 0:24:32.631
<v Speaker 1>of misinformation around that. And if the police do need

0:24:32.871 --> 0:24:37.151
<v Speaker 1>to access that sort of information, then there is a

0:24:37.231 --> 0:24:40.831
<v Speaker 1>very detailed log that has to be recorded and it's

0:24:41.151 --> 0:24:46.751
<v Speaker 1>monitored by a third party, so states have telecommunications ombardsman.

0:24:48.151 --> 0:24:54.271
<v Speaker 1>There is oversight on how often police use triangulation, in

0:24:54.311 --> 0:24:58.751
<v Speaker 1>what cases was it appropriate, And there really is no

0:24:58.911 --> 0:25:03.551
<v Speaker 1>suggestion of any merit that I can see that argue

0:25:03.791 --> 0:25:08.791
<v Speaker 1>against using it. Largely, in my opinion, the pushback against

0:25:08.911 --> 0:25:13.511
<v Speaker 1>using it is misguided, and it's misguided in the sense

0:25:13.551 --> 0:25:18.191
<v Speaker 1>that it's seeking to protect people's privacy when those people's

0:25:18.231 --> 0:25:20.791
<v Speaker 1>privacy is not at risk. What is at risk is

0:25:20.831 --> 0:25:25.791
<v Speaker 1>their life, And what we know is that in nations

0:25:25.871 --> 0:25:30.351
<v Speaker 1>like the United Kingdom, where they've been using this technology

0:25:30.391 --> 0:25:33.271
<v Speaker 1>for a lot longer than we have in Australia, that

0:25:33.671 --> 0:25:38.511
<v Speaker 1>sixty four percent of people were located within the first

0:25:38.591 --> 0:25:42.591
<v Speaker 1>forty eight hours, and that twenty two percent were located

0:25:42.631 --> 0:25:46.591
<v Speaker 1>within the first week, and ninety seven percent of all

0:25:46.671 --> 0:25:50.791
<v Speaker 1>missing people in the United Kingdom ended up being found alive.

0:25:52.071 --> 0:25:57.911
<v Speaker 1>That's by the police, and that at least twenty percent

0:25:58.071 --> 0:26:03.031
<v Speaker 1>of those cases in the forty eight hours, triangulation was

0:26:03.071 --> 0:26:06.911
<v Speaker 1>a crucial tool in finding them. And so this was

0:26:07.231 --> 0:26:12.231
<v Speaker 1>part of arguing for the change to the legislation last year,

0:26:12.511 --> 0:26:16.791
<v Speaker 1>was that it really is very very important, and especially

0:26:16.831 --> 0:26:20.071
<v Speaker 1>as you pointed out Amy, where we know in so

0:26:20.231 --> 0:26:23.591
<v Speaker 1>many missing persons cases where the police have simply been

0:26:23.671 --> 0:26:27.071
<v Speaker 1>looking in the wrong area, that this is a tool

0:26:27.111 --> 0:26:31.311
<v Speaker 1>that would have put search and rescue, the SEES and

0:26:31.351 --> 0:26:35.391
<v Speaker 1>other volunteer organizations like Surf Life savers looking in the

0:26:35.471 --> 0:26:39.671
<v Speaker 1>right area. It's not just police who can use this technology,

0:26:39.711 --> 0:26:45.271
<v Speaker 1>it is emergency services across the board. And so one

0:26:45.271 --> 0:26:49.511
<v Speaker 1>of the big problems, however, remains police reluctance to use

0:26:49.551 --> 0:26:53.471
<v Speaker 1>it when they don't believe someone is at a high risk.

0:26:54.311 --> 0:26:58.871
<v Speaker 1>And I think we have explored and we understand that

0:26:58.911 --> 0:27:03.351
<v Speaker 1>in Australia, Aboriginal women and children are at a particularly

0:27:03.431 --> 0:27:07.711
<v Speaker 1>high risk of serious harm or death when they go missing,

0:27:08.311 --> 0:27:12.511
<v Speaker 1>and for it not to be used to locate them

0:27:12.591 --> 0:27:18.191
<v Speaker 1>safely and in a timely manner is deeply problematic. Just

0:27:18.231 --> 0:27:22.991
<v Speaker 1>to give one more example, many people will know about

0:27:23.111 --> 0:27:29.031
<v Speaker 1>baby Charlie who was murdered in Western Australia. Both his

0:27:29.751 --> 0:27:35.551
<v Speaker 1>mother and his grandfather begged police to use triangulation to

0:27:35.671 --> 0:27:41.991
<v Speaker 1>find Baby Charlie's former stepfather, who eventually murdered him, and

0:27:42.071 --> 0:27:45.551
<v Speaker 1>the police refused to do it. Baby Charlie was known

0:27:45.591 --> 0:27:49.311
<v Speaker 1>to be alive for at least ten hours after they'd

0:27:49.351 --> 0:27:54.231
<v Speaker 1>made that request, and he was in an area where

0:27:54.831 --> 0:27:59.111
<v Speaker 1>mobile phone data would have shown not only what street

0:27:59.151 --> 0:28:03.631
<v Speaker 1>he was in, but right down to one, maybe two houses.

0:28:04.431 --> 0:28:09.431
<v Speaker 1>He could still be alive if triangulation was used. And

0:28:09.471 --> 0:28:13.631
<v Speaker 1>I think it's a tragic and prime example of where

0:28:13.671 --> 0:28:17.591
<v Speaker 1>this technology can be used to save a life, and

0:28:17.631 --> 0:28:20.591
<v Speaker 1>because of the police was not used to save.

0:28:20.391 --> 0:28:21.751
<v Speaker 2>A life and might I don't know. I was just

0:28:21.791 --> 0:28:23.711
<v Speaker 2>going to say as well, particularly when we talk about

0:28:23.791 --> 0:28:27.271
<v Speaker 2>high risk and vulnerability, like what's more vulnerable than a

0:28:27.311 --> 0:28:30.631
<v Speaker 2>young baby fact that he isn't seen as at risk.

0:28:31.071 --> 0:28:33.151
<v Speaker 2>And I think that's the issue that we're seeing in

0:28:33.191 --> 0:28:35.391
<v Speaker 2>a lot of the cases we're currently looking at, is

0:28:35.431 --> 0:28:40.271
<v Speaker 2>that Aboriginal women are seen as criminals rather than vulnerable

0:28:40.311 --> 0:28:43.791
<v Speaker 2>to violence and as being victimized and as being disappeared.

0:28:44.351 --> 0:28:46.791
<v Speaker 2>And I think so it comes down to, you know,

0:28:46.831 --> 0:28:49.551
<v Speaker 2>the fact that there is this technology that could very

0:28:49.591 --> 0:28:54.711
<v Speaker 2>easily find them, save potentially save lives, but also find

0:28:54.711 --> 0:28:56.551
<v Speaker 2>them to bring them home to their families so their

0:28:56.551 --> 0:28:59.871
<v Speaker 2>families don't have to go through that long process. And

0:28:59.911 --> 0:29:04.111
<v Speaker 2>because of this, these racialized in these outright race views

0:29:04.151 --> 0:29:08.311
<v Speaker 2>of Aboriginal people, we know existing police forces across the country,

0:29:08.671 --> 0:29:11.511
<v Speaker 2>it's not being utilized. And that's what I wanted to

0:29:11.511 --> 0:29:14.431
<v Speaker 2>ask you as a closing question, Martin, is why is

0:29:14.471 --> 0:29:17.271
<v Speaker 2>it so important to actually start digging into things like

0:29:17.351 --> 0:29:22.751
<v Speaker 2>triangulation and I guess investigating every part of these processes

0:29:23.311 --> 0:29:26.111
<v Speaker 2>as we look into these cases have disappeared Aboriginal women.

0:29:26.991 --> 0:29:31.511
<v Speaker 1>Yeah, I think there's three key reasons why we need

0:29:31.551 --> 0:29:36.591
<v Speaker 1>to analyze the data and analyze the way these technologies

0:29:36.591 --> 0:29:41.151
<v Speaker 1>are used. The first is it shows where police have

0:29:41.631 --> 0:29:46.191
<v Speaker 1>dramatically failed in the past, and there are countless cases

0:29:46.231 --> 0:29:50.671
<v Speaker 1>I can point to like Baby Charlie, where an Aboriginal

0:29:50.671 --> 0:29:54.311
<v Speaker 1>woman or child could still be alive had that technology

0:29:54.471 --> 0:29:57.231
<v Speaker 1>been used. So I think that's the first thing to

0:29:57.391 --> 0:30:02.751
<v Speaker 1>understand that the police do and have failed, and so

0:30:02.951 --> 0:30:06.671
<v Speaker 1>moving forward we can assess the best way to help

0:30:07.151 --> 0:30:10.311
<v Speaker 1>by knowing that they have not helped. You know, we

0:30:10.551 --> 0:30:13.551
<v Speaker 1>are stupid if we keep allowing the same mistakes to

0:30:13.591 --> 0:30:17.791
<v Speaker 1>be made over and over again. The second reason is

0:30:17.991 --> 0:30:25.111
<v Speaker 1>it allows us to propose new legislation. As Aboriginal people

0:30:25.231 --> 0:30:30.911
<v Speaker 1>and lobby groups work around these issues, then you can

0:30:30.951 --> 0:30:34.631
<v Speaker 1>call for a new legislation to make, for example, some

0:30:34.791 --> 0:30:40.031
<v Speaker 1>of this technology mandatory when an Aboriginal person is missing

0:30:40.271 --> 0:30:44.591
<v Speaker 1>or feared kidnapped. So, just as we have the Custody

0:30:44.631 --> 0:30:49.591
<v Speaker 1>Notification Service in almost every state where the police must

0:30:49.871 --> 0:30:54.351
<v Speaker 1>contact the Aboriginal Legal Service and report that there's an

0:30:54.351 --> 0:30:57.871
<v Speaker 1>Aboriginal person they've taken into custody, why do we not

0:30:57.951 --> 0:31:03.191
<v Speaker 1>have the same mandatory practices for when an Aboriginal person

0:31:03.231 --> 0:31:08.151
<v Speaker 1>goes me? And thirdly, I think it highlights a need

0:31:08.351 --> 0:31:15.071
<v Speaker 1>for serious oversight by Aboriginal people in these contexts. So

0:31:15.191 --> 0:31:18.871
<v Speaker 1>I would prefer to see rather than a senior police

0:31:18.871 --> 0:31:24.551
<v Speaker 1>officer making the decision about whether triangulation should be used

0:31:24.631 --> 0:31:28.071
<v Speaker 1>because we know it works, it should be taken out

0:31:28.071 --> 0:31:33.191
<v Speaker 1>of their hands. And we could have dedicated Aboriginal workers

0:31:33.271 --> 0:31:36.351
<v Speaker 1>who are trained in this area, who can liaise with

0:31:36.471 --> 0:31:41.391
<v Speaker 1>the family, and who can make an informed decision as

0:31:41.391 --> 0:31:44.991
<v Speaker 1>an advocate for that missing person that they want that

0:31:45.151 --> 0:31:49.551
<v Speaker 1>technology used immediately. And so I think there's three really

0:31:49.671 --> 0:31:55.191
<v Speaker 1>key reasons why exploring these issues are so important. We

0:31:55.271 --> 0:32:00.751
<v Speaker 1>can discover past mistakes, we can rectify them into the future,

0:32:01.151 --> 0:32:06.391
<v Speaker 1>and we can understand how to best do that. That

0:32:06.551 --> 0:32:10.231
<v Speaker 1>was episode seven of Curtin the Podcast, brought to you

0:32:10.351 --> 0:32:14.231
<v Speaker 1>by black Cast and produced by Clint Curtis. For more

0:32:14.391 --> 0:32:18.991
<v Speaker 1>you can visit us at www dot curtinpodcast dot com,

0:32:19.031 --> 0:32:22.511
<v Speaker 1>follow us on Twitter at Curtain Podcast, and help to

0:32:22.591 --> 0:32:27.431
<v Speaker 1>support our work at Patreon dot com. Backslash Curtain Podcast