Police Journal Online
September 2003
Volume 84 Number 8


"serving the protectors"
Police Journal Online Cover
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Legislative protection secured

Vigorous debate followed the Rann Government’s proposal to amend self-defence laws under the Criminal Law Consolidation Act early this year. With its amendment, the government aimed to equip home-owners with the legal right to use any force they believed reasonable in the circumstances to defend persons or property.

Many home-owners, particularly those who might have endured the trauma of home invasions and the like, saw the proposed amendment as a wholly appropriate, common-sense approach.

As those home-owners rejoiced, however, the Police Association saw that, with the amendment, came an unacceptable risk to its members.

But how could legislation designed to help innocent residents protect themselves and their belongings work against the cops? It was obvious.

Operational police officers endlessly attend residential premises in the course of their duties. In fact, knocking on doors is one of the most fundamental aspects of police work.

Therefore, officers – particularly those who operate in plain clothes – were, under the proposed amendment, open to fall victim to ill-considered “self-defence” attacks.

Clearly, this grave situation called for the introduction of a critical safeguard into legislation. To that end, the Police Association lobbied then attorney-general, Michael Atkinson.

He saw sense in the association’s view, and instructed that, for cases in which officers were performing their duties, “an amendment be drawn up stating that the extended right to use force does not apply...”

The association effort paid off. In existence now is legislation which prohibits any attacks on police officers who enter lawfully onto premises.

Remembrance Day emotion

Police Remembrance Day on September 29 often proves an emotional day for those whose loved ones paid for others’ security with their lives.

Even those such as Constable Adam Barney, who never knew his fallen grandfather (Never to be mates), feel a firm connection with the lost of decades ago.

And, to attend the Banrock Station memorial service for John Dunning Carter and William Murray Wickham is to see strong emotion among the officers who pay tribute.

It might be a dubious honour for the SA Riverland to stand as the place of Australia’s first police dead, but the officers of the region value the site.

Police officers, and members of the public, should regard the time they devote to remembrance on Sept 29 as well spent.

editor@pasa.asn.au



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