Victoria Police officers risk their lives and mental health to protect us, yet when they’re injured, they’re told they’re not employees of the state. A legal loophole now blocks traumatised officers from suing for negligence and serious injury, leaving them without the same rights as every other Victorian worker. Multiple severely injured Victorian Police officers have already been impacted. It’s time for the Allan Government to act, reform the law, close the loophole, and deliver justice for injured police.

Every day, Victoria Police officers walk into danger to protect our community, responding to violent crimes, horrific accidents, and traumatic events that most of us could never imagine.

But when these officers are physically or psychologically injured in the line of duty, they are being betrayed by the very system they serve.

A legal loophole denying police justice

Under the current interpretation of the law, police officers are not recognised as employees of the State of Victoria; they are “sworn officers.”

This technicality means that when an officer is traumatically injured at work, whether through exposure to violence, suicide scenes, assaults, or fatal collisions, they cannot rely on the same duty of care that protects every other Victorian worker.

Instead, injured officers must attempt to plead a novel duty, an uncertain and often impossible legal pathway that has already multiple claims dismissed, denied, or drastically reduced.

Recent County Court decisions have confirmed that no established duty of care exists between the State and its sworn officers.

“The plaintiff was not an employee of the defendant. She was the holder of a public office.”

This interpretation means the State can avoid responsibility even when it has clearly failed to protect its own members from psychological harm, overwork, and unsafe conditions.

A betrayal exposed

As reported by the Herald Sun (“Police Betrayed”, 15 October 2025), lawyers have successfully argued that because police are not employees, the State owes them no duty of care for workplace trauma or injury. The result? Officers who have faced the worst of humanity, including those who witnessed the deadly Porepunkah shootings, may now be denied the right to compensation or support.

Susan Accary, President of the Australian Lawyers Alliance (Vic), has called for urgent reform, stating:

“Recent court decisions that have allowed Victoria Police to avoid responsibility for injuries to police officers do not reflect the general understanding of the employment relationship between the police force and its officers.”

Mounting political and public pressure

Opposition Leader Brad Battin MP and Shadow Police Minister David Southwick MP have condemned the Allan Government’s inaction, pledging to close this loophole and ensure our police get the support they deserve.

Mr Battin stated:

“Under this government, police are told they are not employees because they are sworn officers, a technicality that leaves them without the protections every other worker in Victoria is entitled to. This is a disgrace. Victoria Police officers deserve better.”

Even Premier Jacinta Allan has now acknowledged the issue, confirming that Deputy Premier Ben Carroll and WorkSafe Victoria are in discussions with the Police Association.

But injured officers cannot afford to wait any longer. Every day of delay means more members are forced into financial hardship, legal uncertainty, and untreated trauma.

A matter of fairness, decency, and respect

Police officers are the first to run toward danger, responding to violence, protecting families, and facing horrific scenes most could never forget.They do this for us. When they are injured, they should not be abandoned by their own government.

It is unconscionable that Victoria Police officers, who are considered workers under WorkCover legislation, lose that recognition when they seek justice through the courts. This contradiction not only undermines trust in the legal system but devalues the service and sacrifice of every member of Victoria Police.

What we demand

We call on Premier Jacinta Allan, Deputy Premier Ben Carroll, and the Victorian Government to:

Immediately amend the relevant legislation, including the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) and any associated common law provisions, to clarify that Victoria Police officers are employees of the State of Victoria for all purposes of workplace injury law. Recognise and reinstate the duty of care owed to Victoria Police officers, ensuring they have the same right to pursue common law damages as every other Victorian worker.

Enough is enough

Our police protect us. It is time we protect them.

The Allan Government must act now to close this legal loophole, restore fairness, and show true respect for those who dedicate their lives to serving Victoria.

 

All information, quotations, and references contained in this petition are derived from publicly available sources, including published Herald Sun articles and statements made by elected representatives and legal experts in the public domain.

This petition is intended solely to advocate for legislative and policy reform in the public interest. It does not allege misconduct, negligence, or liability by any individual or organisation.

The views expressed represent a good-faith call for fairness, clarity, and reform to protect the mental health and workplace rights of Victoria Police officers and other frontline personnel.

Note: This petition does not relate to any individual legal proceeding. It is a good-faith call for legislative and policy reform intended to protect the wellbeing and legal rights of all Victoria Police officers and frontline workers.