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It's time for - The Police Association Victoria

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LEGAL News<br />

<strong>The</strong> Legal Representation<br />

Cost Fund<br />

Member Expectations and Entitlements<br />

What can you expect if you need to access the Legal<br />

Representation Cost Fund?<br />

Tony Walsh > LEGAL MANAGER<br />

In the last two issues of <strong>The</strong> <strong>Police</strong><br />

<strong>Association</strong> Journal we outlined the<br />

function of the Legal Representation Cost<br />

Fund. This month we look at what you can<br />

expect if you apply <strong>for</strong> funding.<br />

<strong>The</strong> Fund has been established and<br />

is maintained by a percentage of your<br />

<strong>for</strong>tnightly membership subscriptions.<br />

<strong>The</strong> allocated percentage of the contribution<br />

is determined by the <strong>Association</strong>’s<br />

Constitution and can be adjusted to ensure<br />

a healthy balance is maintained. <strong>The</strong> Fund<br />

currently stands at more than $12 million.<br />

<strong>The</strong> Fund has principally been established<br />

to meet the legal costs associated with the<br />

representation of a member who has been<br />

charged with a criminal offence or is a party<br />

to civil proceedings.<br />

<strong>The</strong> legal representation is provided by<br />

solicitors from <strong>The</strong> <strong>Police</strong> <strong>Association</strong>’s<br />

appointed firm of preferred solicitors.<br />

This representation may, from <strong>time</strong> to <strong>time</strong>,<br />

extend to specialist legal counsel ensuring<br />

that our members receive the best possible<br />

legal representation.<br />

<strong>The</strong>re have been <strong>time</strong>s when the Fund has<br />

been referred to as a ‘fighting fund’. This<br />

creates the misconception of the financial<br />

support provided to you by the <strong>Association</strong>.<br />

<strong>The</strong> term ‘fighting fund’ suggests that<br />

<strong>The</strong> <strong>Police</strong> <strong>Association</strong> will meet all costs<br />

associated with the representation and<br />

those awarded adversely against you in<br />

damages and costs. This is not the case.<br />

<strong>The</strong> Legal Representation Cost Fund is<br />

only accessible to meet the costs of legal<br />

representation <strong>for</strong> the applicant member.<br />

It is not an insurance policy. Insurers<br />

will void a policy if certain criteria are not<br />

met. <strong>The</strong> same can be said of the Legal<br />

Representation Cost Fund.<br />

<strong>The</strong> fund is only accessible to meet the costs<br />

of legal representation <strong>for</strong> the applicant.<br />

In civil proceedings, where an action is<br />

mounted against a member and the<br />

member unsuccessfully defends that action,<br />

all costs and damages awarded by the court<br />

against the member, are the responsibility<br />

of the member not the Legal Representation<br />

Cost Fund.<br />

For any questions relating to the Legal<br />

Representation Cost Fund you’re your eligibility<br />

contact <strong>The</strong> <strong>Police</strong> <strong>Association</strong>’s Legal/<br />

Discipline section − general@tpav.org.au.<br />

> IR News<br />

Long service leave now made simpler<br />

<strong>The</strong> <strong>Police</strong> <strong>Association</strong> has<br />

successfully negotiated an outcome<br />

with the <strong>Victoria</strong> <strong>Police</strong> Force<br />

that will, in future, enable members to<br />

make better sense of their long service<br />

leave balance.<br />

<strong>The</strong> change was made last month and<br />

members will notice that their long service<br />

leave balance displayed on their pay advice slips<br />

is now expressed in months rather than hours.<br />

<strong>The</strong> expression of long service leave<br />

balances in hours has caused much<br />

confusion among members since new HR<br />

software was introduced. It has also led to<br />

other consequences, such as calculation<br />

errors that expressed a short-change<br />

of the long service leave entitlements<br />

<strong>for</strong> some members.<br />

<strong>The</strong>se concerns prompted the <strong>Association</strong><br />

to initiate discussions with the Force<br />

last year in an attempt to have the<br />

HR Assist software recalibrated so<br />

that members’ long service leave<br />

balances are both simply expressed<br />

and accurate.<br />

If members are still concerned that their<br />

long service leave balances are inaccurate,<br />

despite these changes, they should<br />

contact our Industrial Relations section <strong>for</strong><br />

assistance and advice.<br />

<strong>The</strong> <strong>Police</strong> <strong>Association</strong> <strong>Victoria</strong> Journal May 2011<br />

11

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