September 2000 Volume 81 Number 9 "serving the protectors"

Increased Litigation

Legal action against police officers acting in the course of their duty is a growing trend of great concern to the Police Association. Members should be aware that section 65 of the Police Act contains broad directions for the indemnification of civilly-sued police officers.

Section 65’s key element is that, for officers to receive protection from civil liability, they must act honestly. But what constitutes an honest act?

The Police Association contends that Parliament’s intention was for officers not to incur civil liability when they acted reasonably in the exercise or discharge of their duties.

Given the pressures and unceasing demands of police work, officers may occasionally make mistakes, or fail to follow current procedure. In such situations, they are liable to be sued by members of the public. But, as long as they have acted reasonably and without malice or intent to stray beyond their powers, they should be protected from civil liability.

And how, in any case, is an act to be assessed as honest - or otherwise? This may result in cases in which indemnification is refused, forcing officers to acquire expensive legal representation. Alternatively, they may fail to defend matters competently and suffer damning judgment. The association does not believe its members should be confronted by this dilemma.

Further, section 65 does not protect police officers against criminal prosecution. And what of the rights of police officers in departmental enquiries or coronial inquests? In light of the Donaghey inquest, I will certainly comment on this matter in a coming issue. .


Peter Alexander
President

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