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Police Association of SA embroiled in multiple legal battles across District Court and Fair Work Commission

South Australia’s police union has become embroiled in multiple legal battles — and its president has successfully applied to have one heard in secret.

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South Australia’s police union has become embroiled in multiple legal battles – and its president has successfully applied to have one heard in secret.

President Mark Carroll, secretary Bernadette Zimmerman and the Police Association of South Australia are all respondents in a civil case brought by former deputy president Samantha Strange.

Separately, three former employees of the union lodged unfair dismissal cases against PASA in the Fair Work Commission – however two are understood to have recently withdrawn their matters. The details of those cases have not been made public.

SA Police Association president Mark Carroll. Picture: Sam Rosewarne
SA Police Association president Mark Carroll. Picture: Sam Rosewarne

It is understood that Ms Strange is seeking access to a range of documents, including some related to an independent investigation into the conduct of Mr Carroll.

The Advertiser has previously reported that the investigation arose from allegations made following Ms Strange’s resignation from the union’s committee in June 2021.

The matter came before the District Court on Tuesday, when Peter Campbell, representing Mr Carroll, said his client would be making an application to have the case dismissed.

But he did not want to speak about the details of that application while the media was present.

“If I’m going to have to talk about some of the aspects of these applications, I’d like to make an oral order for clearing the court for anyone other than the parties and their legal representatives,” he said.

Asked on what grounds the court should be closed, Mr Campbell cited the risk of prejudice to the administration of justice and added “there’s obviously an element of hardship”.

Former PASA deputy president Samantha Strange.
Former PASA deputy president Samantha Strange.
Samantha Strange, centre, leads a 2015 police protest march about change in legislation to workers compensation rules.
Samantha Strange, centre, leads a 2015 police protest march about change in legislation to workers compensation rules.

He also argued that all documents on the court file should be kept secret given their “nature and contents” – but said Ms Strange had opposed the request.

Her lawyer, Julienne Dewar, said there was no valid reason to close the court or keep the documents secret.

“The only times that courts should not be subject to public and professional scrutiny are in exceptional circumstances, and they include things like secret technical processes, blackmailing, police informants’ identities being uncovered,” she said.

“Distress, damages, embarrassment, things like that – they’re not reasons to close (the court).”

Master Mark Blumberg ordered that the court be closed while the matters were discussed. The outcome was not revealed.

Mr Carroll and Ms Zimmerman, who are brother and sister, did not attend Tuesday’s hearing.

Original URL: https://www.adelaidenow.com.au/news/south-australia/police-association-of-sa-embroiled-in-multiple-legal-battles-across-district-court-and-fair-work-commission/news-story/dbfd4f238fe1e149f6fa6f2ecaf6a54b