POLICE ADMINISTRATION ACT 1978 - SECT 162 Actions and prosecutions to be commenced within 2 months

POLICE ADMINISTRATION ACT 1978 - SECT 162

    (1)     Subject to section 148F(4)(c), an action against the Territory under Part VIIA or a prosecution against a member for an offence against this Act must be commenced within 2 months after the act or omission complained of was committed, and not otherwise.

    (2)     In any such action the defendant may plead the general issue, and give this Act and the special matter in evidence, at any trial to be had thereon.

    (3)     No plaintiff shall succeed in any such action if tender of sufficient amends has been made before the action is brought, or if a sufficient sum of money has been paid into court after action is brought by or on behalf of the defendant, together with the costs incurred up to that time.

    (4)     Where, in any such action:

        (a)     a verdict is given for the defendant;

        (b)     the plaintiff becomes non-suited or discontinues any such action after issue is joined; or

        (c)     judgment is given against the plaintiff,

the defendant shall recover his full costs as between solicitor and client, and have the like remedy for the same as any defendant has by law in other cases.

    (5)     Notwithstanding that a verdict has been given for the plaintiff in any such action, the plaintiff shall not have costs against the defendant unless the Supreme Court Judge before whom the trial takes place certifies his approbation of the action and the verdict obtained thereon.

    (6)     An action under Part IV in relation to a breach of discipline by a member shall be commenced within 6 months after the act or omission constituting the alleged breach of discipline was discovered, or such longer period as the Commissioner or a Local Court Judge allows under subsection (9).

    (7)     At any time before the end of the 6 month period, application may be made for an extension of the time to commence an action under Part IV in relation to a breach of discipline by a member.

    (7A)     The application must:

        (a)     be made by a member of or above the rank of Commander; and

        (b)     be made to:

            (i)     if the extension of time sought is not more than 12 months – the Commissioner; or

            (ii)     otherwise – a Local Court Judge.

    (7B)     Also, the Ombudsman may make the application to the Commissioner if:

        (a)     the alleged breach of discipline arises out of an investigation or police complaints resolution process under the Ombudsman Act 2009 ; and

        (b)     the extension of time sought is not more than 12 months.

    (8)     An application under subsection (7) may be made in the absence of the member and evidence in support of the application may be given orally or by affidavit.

    (9)     The Commissioner or a Local Court Judge to whom an application is made under subsection (7) may, after considering the evidence in support of the application and the submissions presented by the applicant, extend or refuse to extend the time to commence an action under Part IV.

    (10)     In determining whether to extend the time to commence an action under Part IV, the Commissioner or Local Court Judge must have regard to:

        (a)     the complexity of the investigation to determine whether the member should be charged with a breach of discipline;

        (b)     any unforeseen delays that may have occurred during the investigation; and

        (c)     any delays in the investigation caused by the member.