New South Wales Consolidated Acts

LAW ENFORCEMENT (CONTROLLED OPERATIONS) ACT 1997 - SECT 20M

20M Indemnification of participants against civil liability

(1) Section 19 (Exclusion of civil liability) does not apply in relation to an authorised operation that is an authorised cross-border controlled operation.

(2) However, this section applies to a law enforcement agency if a cross-border controlled operation has been authorised by the chief executive officer of the agency under section 6.

(3) The State must indemnify a participant in the authorised operation against any civil liability (including reasonable costs) the participant incurs because of conduct the participant engages in if:

(a) the participant engages in the conduct in the course of, and for the purposes of, the operation in accordance with the authority for the operation, and

(b) the conduct does not involve the participant’s intentionally inducing a person to commit an offence under a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit, and

(c) the conduct does not involve the participant’s engaging in any conduct that is likely:

(i) to cause the death of, or serious injury to, any person, or

(ii) to involve the commission of a sexual offence against any person, and

(d) the participant is a civilian participant-he or she acts in accordance with the instructions of a law enforcement officer, and

(e) the relevant requirements (if any) of the regulations have been met.