New South Wales Consolidated Acts

LAW REFORM (VICARIOUS LIABILITY) ACT 1983 - SECT 9D

9D When court to strike out or dismiss claims against police officer or Crown

(1) Subject to section 9E, a court must make such orders as it considers appropriate to ensure that a claim before it for damages against a police officer for a tort allegedly committed by the officer is struck out or dismissed if:

(a) the court makes an initial determination under section 9C that the Crown would be vicariously liable for the tort if it were established that the tort was committed by the police officer, or

(b) the Crown concedes that it would be vicariously liable for the tort if it were established that the tort was committed by the police officer.

(2) A court must make such orders as it considers appropriate to ensure that a claim before it for damages against the Crown for a tort allegedly committed by a police officer is struck out or dismissed if it makes an initial determination under section 9C that the Crown would not be vicariously liable for the tort if it were established that the tort was committed by the police officer.