VICTORIA POLICE ACT 2013 - SECT 75 How can police tort claims be made?

VICTORIA POLICE ACT 2013 - SECT 75

    (1)     Except as otherwise provided by this Division, if a person wishes to make a police tort claim, the person must make it against the State and not against the police officer or protective services officer who allegedly committed the police tort.

    (2)     A person who makes a police tort claim (other than a counterclaim) against the State may seek to have the police officer or protective services officer who allegedly committed the police tort joined to the proceeding only if the State pleads in its defence to the claim that—

        (a)     the State would not be liable for the alleged tort, if proven, because of section 74(2); or

        (b)     the alleged tort, if proven, would not be a police tort.

    (3)     If the court permits the person to have the police officer or protective services officer joined—

        (a)     the person is not required to file a new originating process, but may instead amend the existing originating process; and

        (b)     the court may make any orders it considers appropriate to enable the existing originating process to be amended.

    (4)     Nothing in the Limitation of Actions Act 1958 prevents the making of a claim in the amended originating process against the police officer or protective services officer in respect of the alleged tort if the amendment to the originating process is made within 2 months after the State's defence is served on the person making the claim.