Oct 2000 Volume 81 Number 10 "serving the protectors"

Justice For Police Officers

The words justice and law have been bandied about in the media in recent days. They are complex words with many and varied meanings. The media use them interchangeably when others might see them as oxymorons - can they ever mean the same thing? The words law and justice have quite different meanings. Law is the set of rules determined by those in power at any given time. Justice has with it a sense of decision-making that implies, perhaps, fairness or equity. Thus, one can administer the law in an unjust way, or the laws or rules themselves may be unjust.

My interest in the words has been heightened by the recent refusal of the Attorney-General to provide legal counsel for those involved in a coroner’s hearing. The Crown covered itself but left it once again to the Police Association to cover the police officers. This matter again had association committee members shaking their heads about the concept of justice and law, and the application of justice for police officers. Legally, there is no formal requirement for the justice portfolio to provide legal support. But was it a fair and reasonable decision?

I work for the Government in its justice portfolio. Do we, the Attorney-General and his workers, administer justice or the law? I am a believer that while we like to think we are just the court system it is about law and legal process, not necessarily justice. The Crown Law Department is not the Crown Justice Department for good reason - it is very legal but that does not make it just or not.

The recent trend for the Government (and by default the Commissioner) not to indemnify honest community-serving police officers in their day-to-day duties has been concerning to the PASA committee for a couple of years. We know that officers who face civil claims cannot rely on the Government to support them with legal funding, either through the direct provision of a solicitor, or by funding a solicitor of their choice. This has cost members thousands of dollars in recent times. Fortunately the Police Association has mostly covered these costs. In some cases the justice portfolio refunds some monies after the event. The members have reason to feel affronted by the lack of support by their employer.

This lack of support comes at a time when serious alleged criminals can delay and have their cases remain unheard if they are not provided with adequate legal funding.

Police officers are continuing to find themselves without government-funded legal coverage. They act on behalf of the community and have expected community support in return. Then, by convenient interpretation of the law, the government wipes their hands of the officers. Is this justice for police officers?

Police officers who daily put themselves at risk of physical and psychological injury are suffering financial and personal injustice by the very system of process, rules and decision-making that claims to be the justice portfolio.

The Police Association membership stands by officers who act honestly in attempting to make SA a safe place to live. Those who are not members would be well advised not to go out on the road - the costs can be crippling.

At the recent Police Federation of Australia meeting the lawyers who work with the various police unions within Australia met and the issue of vicarious liability was on their agenda. They recognize it as a powerful control tool wielded by governments around Australia, but it was interesting to hear that most other states do now provide the protection that we were once provided with.

Police Federation Annual Council Meeting

The recent council meeting was my first time representing you at the federal table. It was pleasing to leave after two days of debate feeling that there is significant energy to have a federal police voice.

The high credibility of PASA president, Peter Alexander, was reinforced with unanimous support for him to continue in the role of federal president. Peter’s capacity to work with all the states was very evident and he demonstrated a great unifying presence. PASA secretary, Andy Dunn, showed and shared his technological skills to reinforce to me how well placed we are as a union.

The issues for council were more towards steering a strategic direction for the next 12 months but there were a number of items that stand out. Superannuation and the issue of separation packages after 20 years’ service was a key matter for all states. The establishment of a wages and conditions database is a matter that will be on the new CEO’s desk. East Timor is an issue of concern. Despite improvement in general living conditions, there are clear inequities for police officers compared to military and other workers. The issue of police training and movement towards a more transferable accreditation process was also high on the agenda. The vicarious liability for police officers was also discussed.

The outcomes from the council will not be immediately apparent but will begin to filter into much of the day-to-day dealings of PASA. They will assist in shaping the new enterprise bargaining negotiations and political lobbying at both state and federal levels over the next 12 months.

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