November 1998 Volume 79 Number 11 "serving the protectors"
President's Message

The question of indemnification

Many instances of members being sued for unlawful arrest, wrongful imprisonment, assault and malicious prosecution have occurred in recent times.

This trend of increased litigation against police officers is disturbing enough, but also of concern is that in many of those cases, the Government has refused to indemnify the police officers involved.

Section 51A of the Police Act provides protection from liability for members of the Police Force under criteria which reads:

Subsection (1) - A member of the police force does not incur any civil liability for an honest act or omission in the exercise or discharge, or purported exercise or discharge, of any powers, functions, duties or responsibilities conferred or imposed by any provision of this or any other Act (whenever enacted) or by law.

Subsection (2) - A liability that would, but for subsection (1), lie against a member of the police force lies against the Crown.

Of still further concern is that, after refusing to indemnify officers, the Government then settles the matter (no doubt for commercial reasons), without defending it in court. Officers are therefore denied the opportunity to defend themselves.

This trend is another example of the Government not supporting operational police.

It must not be allowed to continue.

Peter Alexander    President