September 1998 Volume 79  Number 9 "serving the protectors"
PASA’s Legal Services Scheme Explained
By Marilyn Lennon

The Legal Services Scheme provided by the Police Association of South Australia offers members free telephone advice, referral to a solicitor for one free 30-minute consultation (or if a family dispute, to mediation) and then, at the discretion of the Scheme Managers, subsidised legal representation.

The advice service is provided by the Legal Services Commission. The member may be referred, if appropriate, to a free consultation with a solicitor or family mediation. This referral is made by the Legal Services Commission to the Scheme Managers, who then arrange the appointment and notify the member.

The free consultations are provided by a panel of solicitors by arrangement with the PASA, or by a solicitor, nominated by the member, who has satisfied the Scheme Managers that they are prepared to do so under the Scheme guidelines.

The family mediation is provided by Relationships Australia.

Any subsidised legal service is provided by panel or nominated solicitors under terms dictated by the Scheme Managers.

The Scheme is provided by reference to guidelines issued to members and providers. The guidelines and copies of brochures are issued to members. Generally members are entitled to assistance with motor vehicle, personal and consumer protection and defence of some criminal prosecutions.

The advice service operates 24 hours a day, seven days a week. The LSC provides the advice service from 9:00 am to 4:30 pm on weekdays, and the out-of-hours service for all other hours is provided by a panel solicitor.

The service operates through a dedicated phone line and a computerised data base. The telephone advisers are able to provide assistance on a wide range of matters. By way of example, these matters could include:

• A member’s grandmother died leaving a will in which the member was appointed executor. He was unclear as to his duties. The adviser was able to give comprehensive advice as to the role of the executor. The member would not be referred to a panel solicitor to settle the estate as the scheme only covers a disputed will.
• The purchaser of the member’s house refused to settle as he alleged there had been misrepresentation by the member about the condition of the house at the time of sale. The member rang the advice line and was advised of her rights to enforce the contract and was referred for an urgent appointment to a panel solicitor for further action.
• While shopping in a department store, the member slipped and fell on the stairs and was injured. The member was advised of the principles of negligence and a possible claim in damages. The adviser also told the member to record the details of the fall, the consequences of the injury and to keep a diary of how the injury was affecting the member’s day-to-day life. This information would assist at the interview with the panel solicitor to which the member was referred for an initial 30-minute consultation.
• The member’s son is a student and does not have comprehensive insurance on their vehicle. While stationary at the traffic lights a collision occurred caused by another driver failing to stop and colliding with the rear of the son’s vehicle. The damage was minor and the other party was uninsured. The adviser dictated a short letter of demand for the son to send and advised the member generally on the procedure in making a Minor Civil Action claim. The member’s son is not entitled to an interview with a solicitor.

Phone advice may be given to members about their legal problems or those of their family. There are two types of advice on which special limits are placed:

INDUSTRIAL: Where the advice sought is about the member’s employment as a Police Association member, which may include:

• Industrial.
• Workers’ compensation.
• Occupational health and safety.
• Equal opportunity.
• Unfair dismissal.
• Separation packages.

The caller will be referred to the Police Association. This referral will include police complaint matters.

Benefits of the Scheme:Where advice is sought about the extent of the Scheme, such as:

• Rights to legal representation.
• The nature of legal representation.
• The terms of a grant of legal representation.
• Costs covered in a grant of representation.

The caller will be referred to the Scheme Managers.

The Scheme is not liable for costs of legal representation incurred by the member before grant is made.

MEMBERS ONLY: Only members, not their families, may be referred to consultation, mediation, or further legal representation.

30-MINUTE CONSULTATION: A member may be referred for a consultation on any matter except industrial and family problems. The caller may select a legal practitioner from the panel, or nominate their own, subject to that practitioner satisfying the Scheme Managers that they will charge scale rates.

MEDIATION: Where the problem concerns family law, the member will be advised that if they are prepared to attend a mediation information session, they may, subject to approval by the by the Scheme Managers, be entitled to one hour’s free consultation with a family lawyer prior to mediation, and approved costs of drawing up the mediated agreement documents. Note that if the member does not choose to attend mediation, they are only entitled to a free 30-minute consultation.

DIVORCE: Members are assisted by advisers as to obtaining the Do-Your-Own Divorce Kit. Should the member require further assistance, the telephone advice service is available to answer questions.

A decision whether or not to provide legal representation under the scheme is governed by Guidelines and is ultimately subject to the discretion of the trustees.