Victorian Current Acts

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VICTORIA POLICE ACT 2013 - SECT 78

Costs in police tort claims

If the court finds on a police tort claim that the State is not liable for a police tort because of section 74(2), the State is not entitled to recover any costs from, or to be awarded any costs against, the person who made the claim or the police officer or protective services officer who committed the police tort.

Note

Section 74(2) provides that the State is not liable if it establishes on a police tort claim that the conduct giving rise to the police tort was serious and wilful misconduct by the police officer or protective services officer who committed the police tort.



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