New South Wales Consolidated Acts

LAW REFORM (VICARIOUS LIABILITY) ACT 1983 - SECT 5

5 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"court" includes a tribunal, and in relation to a claim for damages means any court or tribunal by or before which the claim falls to be determined.
"Crown" means the Crown in right of New South Wales.
"independent function", in relation to a servant or a person in the service of the Crown, means a function conferred or imposed upon the servant or person, whether or not as the holder of an office, by the common law or statute independently of the will of the servant’s master or the Crown, as the case may require.
"legal proceedings" means proceedings in a court.
"office" includes the office of special constable within the meaning of Part 4 of the Police Offences Act 1901 .
"originating process" means any statement of claim, summons, application or other process by means of which legal proceedings are commenced.
"person in the service of the Crown" does not include a servant of the Crown.
"police tort claim" -see section 9B (1).

(2) In this Act, a reference to:

(a) a function includes a reference to a power, authority and duty, and

(b) the performance of a function includes a reference to the exercise of the function and the failure to perform or exercise the function.