TPAV Journal - The Police Association Victoria

LEGAL NEWS
Under what circumstances
does Legal Representation
funding cease?
It is not unusual for the Legal Section
to receive calls from members about
issues they are not quite sure about,
but ‘challenged’ their curiosity.
Interestingly, the Legal News article that
appeared in our September 2012 edition
of The Journal entitled "Accessing The
Association’s Legal Representation Cost
fund − Do you fully Understand your
Responsibilities?" has generated some
interest and as a result, we have fielded
a number of telephone calls surrounding
some issues arising out of the topic.
One common area of enquiry was; when
does access to the Legal Representation
Cost fund conclude?
Generally there are two specific events
that, if presented, will remove a previous
successful applicant’s access to the Legal
Representation Cost fund.
The first of these is when the applicant
member has been committed to stand trial
to answer the criminal charges alleged. The
second is where the member has changed
their ‘not guilty’ plea to that of ‘guilty’.
Access to The Association’s Legal
Representation Cost fund is not only
predicated on the satisfaction of the
relevant rule of the Constitution under
which the applicant member has applied,
but also on the condition that the applicant
member denies the charge or enters a
‘not guilty’ plea.
This condition is established under policy
that has been formulated and approved by
the Executive. The consideration of such a
policy is established by virtue of Rule 79 of
the Constitution and is specifically applicable
when considering an application to access
the Legal Representation Cost fund.
There are (through the process of criminal
proceedings), circumstances presented
where the members’ legal representative
believes that in order to achieve the best
outcome for the member the applicant
member may be better placed to alter his/
her plea to that of ‘guilty’.
Once the member changes his/her plea,
their access to the Legal representation Cost
fund immediately ceases, in accordance
with the Association’s policy.
The second and more common situation
where previously granted access to the Legal
Representation Cost fund ceases is when
the member is committed for trial to answer
the charges preferred. However, unlike the
‘change of plea’ situation, the member is
entitled to make a further application to
Tony WalSH > LEGAL MANAGER
Access to The Association’s Legal
Representation Cost fund is not only predicated
on the satisfaction of the relevant rule of the
Constitution under which the applicant member
has applied, but also on the condition that the
applicant member denies the charge or enters
a ‘not guilty’ plea.
secure access to the Legal Representation
Cost fund for legal representation up to and
at his/her trial.
This "continuance" application is made
under the same rule that any original
application is made. This application must
be accompanied by a "memorandum of
advice" prepared by the member’s legal
counsel. This advice must set out events of
a contentious nature that are defensible at
trial and an overall considered opinion of the
counsel of the applicant members prospects
of success at his/her trial. The member is
again required to appear before the Legal
Representation Cost fund Committee where
he/she is to present those facts in support
of their application.
Should you have any other Legal/Discipline
matters please don’t hesitate to contact
the Legal Section for advice. If your query
is one that is frequently canvassed by other
members, we’ll be sure to expand on this
advice further on this page in future journals
for the benefit of the broader membership.
The Police Association Victoria Journal October 2012
07