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POLICE SERVICE ADMINISTRATION ACT 1990 - SECT 10.5
Civil liability of police officers and others for engaging in conduct in official capacity
10.5 Civil liability of police officers and others for engaging in conduct in
official capacity
(1) This section applies to each of the following— (a) an officer;
(b) a
staff member;
(c) a recruit;
(d) a volunteer;
(e) a person who, at the time
the person engaged in conduct in an official capacity, was a person mentioned
in any of paragraphs (a) to (d) .
(2) A person to whom this section applies
does not incur civil liability for engaging, or the result of engaging, in
conduct in an official capacity.
(3) If subsection (2) prevents liability
attaching to a person, the liability attaches instead to the Crown.
(4) If
liability attaches to the Crown under subsection (3) , the Crown may recover
contribution from the officer, staff member or recruit or former officer,
staff member or recruit who engaged in the conduct, but only if the conduct
was engaged in— (a) other than in good faith; and
(b) with gross
negligence.
Note for subsection (4)— There is to be no contribution from a
volunteer or former volunteer.
(5) In a proceeding under subsection (4) to
recover contribution, the amount of contribution recoverable is the amount
found by the court to be just and equitable in the circumstances.
(6) In this
section—
"civil liability" , of a person to whom this section applies for engaging, or
for the result of engaging, in conduct in an official capacity, means
liability of any type for the payment of an amount by the person because of—
(a) a claim based in tort, contract or another form of action in relation to
the conduct or result, including, for example, breach of statutory duty or
defamation and, for a fatal injury, includes a claim for the deceased’s
dependants or estate; or
(b) a complaint made under a law that provides a
person may complain about the conduct or result to an entity established under
the law, other than a complaint to start criminal proceedings, including, for
example, a complaint under the Justices Act 1886 ; or
(c) an order of a court
to pay costs relating to a proceeding for an offence against a law in relation
to the conduct or result, unless the proceeding was for an offence by the
person.
Examples of types of liability— • a liability because of an
agreement or an order under the Anti-Discrimination Act 1991 or the
Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an
amount to a complainant (however described) under the Act
• a liability
because of an obligation under an agreement to settle a proceeding, or an
order of a court or tribunal, to do something that involves paying an amount,
including an obligation to publish an apology in a newspaper
"conduct" means an act or an omission to perform an act.
"engage in conduct in an official capacity" , by a person to whom this section
applies, means engage in conduct as part of, or otherwise in connection with,
the person’s role as an officer, a staff member, a recruit or a volunteer
(as is applicable), including, for example, engaging in conduct under or
purportedly under an Act.
"volunteer" means a person appointed by the commissioner to perform duties for
the service on an unpaid voluntary basis on conditions decided by the
commissioner but does not include an MRQ volunteer or SES volunteer.
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