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Employment Status of the Police in Australia

A long-established rule of the common law is that police officers are not ‘employees’. This article examines the origins of this rule, and argues that it is without proper foundation and also lacks modern support. The implications of the rule, particularly from the perspective of state-appointed police officers in Australia, are also discussed. The rule is presented as being not only inequitable, but also incompatible with state police officers’ current (statutory) employment rights, including their rights under federal industrial laws. It is argued, however, that the current common law position ought to be re-examined not through further legislative reform, but through judicial intervention.