Swearing / affirming of affidavits (04/12)

In recent weeks, The Police Association has circulated two newsletters to members (InBrief (66/11) and InBrief (02/12) in relation to this issue.

We have done so to remind and encourage members to heed the important Chief Commissioner’s instructions (15/11 & 19/11) pertaining to the issue of swearing and affirming affidavits.

While the initial instruction (15/11) was developed in close consultation with The Police Association, the second instruction (19/11) was not.

This lack of consultation in relation to the second instruction has led to concerns from members about whether they would be protected from prosecution and / or discipline action if they complied with this instruction.

In response to this concern, The Police Association has made renewed representations to Force Command with a view to achieving such assurances that members would be protected from any detriment if they did comply. 

We are pleased to advise that these assurances have been confirmed in correspondence we’ve received today from both the Acting Chief Commissioner and the Director of the Office of Police Integrity.

We are assured “that members who come forward and truthfully make a general disclosure (Form 1407A) and subsequent specific disclosures (Form 1407) in accordance with the terms of the Chief Commissioner’s instruction, will not be prosecuted for any criminal offence, nor liable for, any later discipline action.”

This assurance also applies to members who provide juratted statements for any prosecutions managed by the Office of Public Prosecutions.

On the basis of these unambiguous assurances, we remind members of their obligations and encourage you to submit the 1407A disclosure forms prior to 21 January 2012, as a failure to do so may expose you to discipline action.

Disclosure forms 1407, relating to police-prosecuted matters in the Magistrates’ Court, are required to be submitted until further notice.

Should you have any concerns or questions surrounding the preparation and submission of the disclosure forms, please do not hesitate to call the Association’s Legal section on (03) 9468 2600.

Bruce McKenzie

Assistant Secretary