The Police Association Journal november 2009

8 Legal News
When is the best time to contact
your Discipline/Legal Section?
The Discipline/Legal Section often receives calls from members seeking advice and
guidance on what to do when they are the subject of a discipline investigation. The
most common comment that we receive from members is “I wish I had called you
earlier”. So when is the best time to call the Discipline/Legal Section?
If you are the subject of a
discipline investigation, as
distinct from answering a
criminal allegation, the best time
to contact Discipline/Legal team
is when you first become aware
that the investigation is underway.
The initial approach about
a discipline investigation may
simply be a conversation with
your supervisor informing you
that you are to be approached
by investigators from the
Ethical Standards Department,
or it may be a telephone call from
the Ethical Standards Department
(ESD) investigator.
You will benefit from making
early contact with the Discipline/
Legal section. The Legal/Discipline
Advocates will provide advice on
your rights and responsibilities
should you be the subject of an
interview under Section 86Q of the
Police Regulation Act 1958. They will
be able to explain the processes
and impacts on you should you be
the subject of suspension and the
alternatives that could be imposed
on you other than suspension,
such as being
directed to
take leave or
a transfer to
other duties.
The advocates
will also
prepare a ‘Letter
of Authority’
authorising
The Police
Association
to receive any
or all of the
correspondence
relating to
your discipline
process.
It is imperative
that you contact
a discipline
advocate prior
to any interview.
There are
certain statutory
obligations
that as the
interviewee
you must abide
by. There are
also certain
responsibilities
under the Police
Regulation
Act 1958 that
investigators
must comply
with. It is important for you to have
that knowledge.
Under the provisions of the Police
Regulation Act 1958, when members
are the subject of a discipline
investigation, there are alternatives
to suspension. You need to know of
the impact of such action during
the early stages of the process
and your discipline advocates can
advise you.
We often hear that members are
told by the ESD investigators that
they are being suspended at the
end of their interview, only to be
visited at their home some days
later by the investigators, where
formal service of suspension
documentation is made.
We appreciate that being the
subject of a discipline investigation
can and will be stressful and
attendance by ESD investigators to
members’ homes for that purpose,
all be it well intended, will add to
the stresses that members are under.
This situation can be avoided by
providing the ‘Letter of Authority’
so your discipline advocate will
receive the documentation relating
to your matter.
The ‘Letter of Authority’ will allow
your advocate to liaise with the
investigator on your behalf and
receive any notices of direction,
suspension documents and any
brief of evidence material that may
ultimately come into existence.
Early contact will also allow us to
put you in contact with our Welfare
Officer or our external counseling
services should the stresses of the
processes be taking there toll.
Remember early contact with your
Association can only help you.
November 2009 The Police Association Journal
www.tpav.org.au