New South Wales Consolidated Acts
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LAW REFORM (VICARIOUS LIABILITY) ACT 1983 - SECT 9B
How can police tort claims be made?
"police tort claim" is a claim for damages for a tort allegedly committed by a
police officer (the
"police officer concerned" ) in the performance or purported performance of
the officer's functions (including an independent function) as a police
officer, whether or not committed jointly or severally with any other person.
(2) Except as provided by this Part, a person may not in any legal proceedings
make a police tort claim against the police officer concerned, but may instead
make the claim against the Crown.
(3) A person who makes a police tort claim
against the Crown in any legal proceedings may join the
police officer concerned as a party to the proceedings only if the Crown
denies that it would be vicariously liable for the alleged tort if it were
established that the police officer concerned had committed the tort.
a person seeks to join a police officer under subsection (3) as a party to
(a) the person is not required to file a new
originating process, but may instead amend the existing originating process,
(b) the court is to make such orders as it considers appropriate to
enable the existing originating process to be duly amended, and
in the Limitation Act 1969 precludes the making of a claim in the amended
originating process for damages against the police officer for the alleged
tort if the amendment to the originating process is made within 2 months after
the Crown denies that it would be vicariously liable for the alleged tort if
it were established that the police officer had committed the tort.
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