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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment (Police Immunity) Bill 1999
A Bill for
An Act to amend the Police Act 1892 and to make consequential
amendments to various other Acts.
The Parliament of Western Australia enacts as follows:
page 1
32--1
Acts Amendment (Police Immunity) Bill 1999
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment (Police Immunity)
Act 1999.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
page 2
Acts Amendment (Police Immunity) Bill 1999
Police Act 1892 amended Part 2
s. 3
Part 2 -- Police Act 1892 amended
3. The Act amended by this Part
The amendments in this Part are to the Police Act 1892*.
[* Reprinted as at 31 January 1997.
5 For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 196, and Act No 18 of 1999.]
4. Section 53K amended
(1) Section 53K(1) is amended by deleting "A Justice, police
officer or any person" and inserting instead --
10 " A person to whom section 137 does not apply ".
(2) Section 53K(2) is repealed.
5. Sections 136 and 137 inserted
Before section 138 the following sections are inserted --
"
15 136. Interpretation for sections 137 and 138
(1) In sections 137 and 138 --
"member of the Police Force" means a person
appointed under Part I, III or IIIA.
(2) In sections 137 and 138, a reference to the doing of
20 anything includes a reference to an omission to do
anything.
137. Protection from personal liability
(1) This section --
(a) is in addition to section 5 of the Criminal Code
25 Act 1913; and
page 3
Acts Amendment (Police Immunity) Bill 1999
Part 2 Police Act 1892 amended
s. 5
(b) does not affect any right to recover damages
from the owner or driver of a motor vehicle in
respect of the death of or bodily injury to a
person directly caused by, or by the driving of,
5 the motor vehicle,
but otherwise applies despite any other written law.
(2) This section applies to and in respect of anything done
after the commencement of the Acts Amendment
(Police Immunity) Act 1999.
10 (3) An action in tort does not lie against a member of the
Police Force for anything that the member has done,
without corruption or malice, while performing or
purporting to perform the functions of a member of the
Police Force, whether or not under a written or other law.
15 (4) An action in tort does not lie against a person for
anything that the person has done, without corruption
or malice, in assisting a member of the Police Force
who is performing or purporting to perform the
functions of a member of the Police Force, whether or
20 not under a written or other law.
(5) The Crown is liable for a tort that results from --
(a) anything done by a member of the Police Force,
without corruption or malice, while performing
or purporting to perform the functions of a
25 member of the Police Force, whether or not
under a written or other law;
(b) anything done by a person, without corruption or
malice, in assisting a member of the Police Force
who is performing or purporting to perform the
30 functions of a member of the Police Force,
whether or not under a written or other law.
(6) The Crown's liability under subsection (5) does not
extend to exemplary or punitive damages.
page 4
Acts Amendment (Police Immunity) Bill 1999
Police Act 1892 amended Part 2
s. 6
(7) If a person to whom subsection (3) or (4) applies does
not cooperate fully with the Crown in the defence of an
action in tort against the Crown in respect of anything
done by the person, the Crown may recover from the
5 person the Crown's costs of defending the action and
any damages and costs awarded against the Crown in
the action.
(8) For the purposes of subsection (7), a person does not
cooperate fully with the Crown if the person refuses --
10 (a) to answer any question, including a question
the answer to which is or may be
self-incriminating; or
(b) to produce any object or recorded information
in the person's possession or control,
15 that is relevant to the defence of the action.
(9) If a person, in cooperating with the Crown in the
defence of an action referred to in subsection (8), gives
an answer that is or may be self-incriminating, the
answer is not admissible in any criminal or disciplinary
20 proceedings against the person except proceedings for
a criminal or disciplinary offence arising from the
giving of a false answer.
".
6. Section 138 replaced
25 Section 138 is repealed and the following section is inserted
instead --
"
138. Corrupt or malicious acts by police
(1) This section applies if a person ("the claimant"), in an
30 action in tort, is awarded damages --
(a) against a member of the Police Force ("the
defendant") for anything that the member has
page 5
Acts Amendment (Police Immunity) Bill 1999
Part 2 Police Act 1892 amended
s. 6
done maliciously or corruptly while performing
or purporting to perform the functions of a
member of the Police Force, whether or not
under a written or other law; or
5 (b) against a person ("the defendant") for
anything that the person has done maliciously
or corruptly in assisting a member of the Police
Force who is performing or purporting to
perform the functions of a member of the
10 Police Force, whether or not under a written or
other law,
and the thing was done after the commencement of the
Acts Amendment (Police Immunity) Act 1999.
(2) The claimant may request the Treasurer to pay the
15 damages awarded to the claimant, other than
exemplary or punitive damages, and any costs ordered
to be paid to the claimant.
(3) The Treasurer may pay the claimant all or some of the
damages and costs if satisfied --
20 (a) that the claimant is unlikely to recover them
from the defendant; and
(b) that there is no relationship or connection
between the claimant and the defendant, or a
close relative of the defendant, that is likely to
25 result in a benefit or advantage to the defendant
if the claimant were paid the damages and
costs.
(4) Any amount paid by the Treasurer to the claimant is a
debt due to the Crown by the defendant and may be
30 recovered in a court of competent jurisdiction.
".
page 6
Acts Amendment (Police Immunity) Bill 1999
Consequential amendments Part 3
s. 7
Part 3 -- Consequential amendments
7. Explosives and Dangerous Goods Act 1961 amended
Section 60 of the Explosives and Dangerous Goods Act 1961*
is amended by deleting "or member of the police force" in the 2
5 places where it appears.
[* Reprinted as at 21 November 1996.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 87.]
8. Mining Act 1978 amended
10 Section 160A of the Mining Act 1978* is amended by deleting
"a member of the Police Force or" and inserting instead --
" any ".
[* Reprinted as at 26 July 1999.]
9. Road Traffic Act 1974 amended
15 Section 101 of the Road Traffic Act 1974* is amended by
deleting "police officer, member of the Police Force,".
[* Reprinted as at 25 March 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 219, and Acts Nos 16 and 24
20 of 1999.]
10. Transport Co-ordination Act 1966 amended
Section 61 of the Transport Co-ordination Act 1966* is
amended as follows:
(a) by deleting "or by any member of the Police Force,";
25 (b) by deleting ", or subject the member of the Police Force,".
[* Reprinted as at 9 September 1997.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, p. 256, and Acts Nos 32 of 1998
and 16 of 1999.]
page 7
Acts Amendment (Police Immunity) Bill 1999
Part 3 Consequential amendments
s. 11
11. Veterinary Preparations and Animal Feeding Stuffs Act 1976
amended
Section 67 of the Veterinary Preparations and Animal Feeding
Stuffs Act 1976* is amended by deleting "or by any member of
5 the Police Force,".
[* Act No. 56 of 1976.
For subsequent amendments see 1998 Index to Legislation of
Western Australia, Table 1, pp. 262-3.]
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