The fourth in the current series of issues for consideration by Government, in their deliberations over a replacement for the Police Regulation Act 1958, is that of Section 123 of the current Act.
Currently, members who seek representation after finding themselves defendants in civil litigation arising from their duties must prove they were acting in good faith. Section 86J of the Act provides the Director and staff of the Office of Police Integrity with immunity unless an act was done in bad faith.
This is an issue raised by the Association on behalf of our members, due to the obvious inequity within the Act.
Presently, members who make split second decisions under the most immense pressure are liable to be sued and may not be represented by the force. On occasion, where the Chief Commissioner is also named in a writ, members can find themselves a very secondary priority for a defence barrister supplied and paid for by the force.
Yet those who investigate an incident that gives rise to a civil suit, perhaps months after the event, are afforded a far higher level of protection than the people they investigate.
Again, members are treated differently to other members of the community – another example of members being treated as second class citizens.
This is an issue of vital importance, particularly as litigation against our members increases.
The Association is scheduling urgent meetings with members across the State to provide you with an opportunity to hear about the proposed changes and how they will affect you and your family. Your views will be taken to Government
The Association is determined to resist the offensive changes proposed by the Chief Commissioner and the Government, and further the aims of our members, to prevent our members being treated as second class citizens.
PAUL MULLETT
Secretary
