Legal Assistance

The nature of policing means members of Police, both sworn and non-sworn, are more susceptible to misconduct and neglect of duty allegations than other employees. Police hold special powers, which can often involve confrontational encounters with members of the public. Policing also demands high standards of conduct and the behaviour of members of Police is a matter of considerable public interest.

The Police Association has no wish to help anyone to avoid justice or appropriate disciplinary action, however we believe our members are entitle to the same rights, privileges and fair treatment as the community they serve is.  

The Police Association spends well over half a million dollars helping members of Police who face disciplinary action, sometimes in the form of a Police internal tribunal or Court charge.

Application for Legal Assistance is available to all Association members for any disciplinary charge, which arises out of their work or role within the Police, whether they are sworn or non-sworn members of Police.

The Independent Police Complaints Authority receive thousands of complaints against Police a year and Police face a better than one in three chance of being the subject of a complaint to the Authority. While most complaints are not upheld, they do cause stress and can have negative impacts on a member’s work and career.

About one-third of Legal Assistance each year is for members facing charges in open court and of these cases usually more than 80% result in no conviction or no penalty against the member of Police charged. By contrast the Police’s own statistic for prosecutions of members of the general public show that they are unsuccessful in defended hearings in only 33% of cases.

Court charges against members of Police are frequently given front-page media publicity and attract a high degree of attention.

Types of Investigations

There are three ways in which members may be investigated, and each has different status, processes, and potential consequences. These are the:
  • Criminal Justice System

  • Internal Police Disciplinary System, (this is governed by the Code of Conduct process which includes aspects of performance management)

  • Independent Police Complaints Authority

In practice any or all of these procedures often overlap, or it may be unclear which is being pursued. In all cases you should contact your local Association Representative. If you cannot make contact locally and need help contact your local Field Officer or call the Association National Office.

Urgent 24 hour Legal Assistance

If you are a member of the Police Association who has been involved in an incident where you may need urgent legal assistance, (which cannot be deferred to the next day such as a police shooting, fatal pursuit or death while in custody) immediately call

0800 TEN NINE

(0800 836 6463)