Victorian Consolidated Legislation

Crimes (Controlled Operations) Act 2004 - SECT 29

Indemnification of participants against civil liability

29. Indemnification of participants against civil liability



(1) This section applies to a law enforcement agency if a controlled operation
has been authorised by the chief officer of the agency under section 13.

(2) The law enforcement agency 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 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 engaging in any conduct
        that is likely to-

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

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

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

   (e)  the requirements (if any) specified in the regulations have been met.