It's time for - The Police Association Victoria
It's time for - The Police Association Victoria
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