Financial status is important

Federation fees are a small price to pay for professional indemnity, writes CAROL HOWARD.

One of the significant reasons for being a financial member of our union is because of the possibility to access free legal advice, if required, in relation to your work.

Several times this year, teachers have applied for legal assistance to pursue either disputed workers compensation claims, defence against criminal charges made by the police, or legal assistance to protect their employment rights as the Department of Education and Training or TAFE has laid charges against them.

In a few cases teachers have been denied Federation legal assistance as they were not financial at the time the situation arose, or were not financial for the work being undertaken, (for example, paying only part time/casual rates after he/she had been employed full-time).

Federation is very strict on this rule, as legal expenses are significant. In criminal matters alone it is not uncommon in the first instance for legal expenses to be in excess of the $10,000 mark. If the matter goes to appeal, expenses can rise as high as $50,000 if not more. The Welfare Officers have heard of members who have engaged private solicitors and had to sell his/her residence to cover the legal costs incurred.

DET charges and matters such as unfair dismissals referred to the Industrial Relations Commission or GREAT can be in the vicinity of $20,000.

Workers compensation matters are different as in these matters the Federation basically fund the claim initially and at the conclusion of the claim what expenses are not recovered from the GIO solicitors are requested from the member. The legal costs are incorporated in the claim. Federation purchases the legal/medical reports that are required to substantiate the claim. Psychological reports are now normally $900 plus $90 for GST. Most medical reports from specialist legal/medical practitioners are in the $660 (GST included) and up range.

From my experience as a Welfare Officer most teachers are utterly astounded when allegations are made against them, and it is not as simple as being innocent of the allegation. Today's climate of child protection, in particular, means that every allegation is treated seriously by both the police and the DET. Further, financial members have the advantage of committed, experienced Officers to assist them through the minefield of police and department practice and policies.

Carol Howard is a Welfare Officer and the secretary of the Legal Cases Committee.

Legal assistance

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September 2002 contents