MAJOR CRIME (INVESTIGATIVE POWERS) AND OTHER ACTS AMENDMENT ACT 2008 (NO. 60 OF 2008) - SECT 4 New sections 51A and 51B inserted in Police Integrity Act 2008

MAJOR CRIME (INVESTIGATIVE POWERS) AND OTHER ACTS AMENDMENT ACT 2008 (NO. 60 OF 2008) - SECT 4

After section 51 of the Police Integrity Act 2008 insert —

        " 51A     Director and staff may prosecute

    (1)     The Director or a member of staff of the Office of Police Integrity authorised under subsection (2) may commence criminal proceedings against a person for an offence in relation to any matter arising out of an investigation.

    (2)     The Director may authorise in writing a member of staff of the Office of Police Integrity to exercise powers under subsection (1)—

        (a)     in relation to a specified person or specified investigation; or

        (b)     generally.

    (3)     Nothing in this section—

        (a)     affects or limits the ability of a person other than the Director or a person authorised under subsection (2) to commence criminal proceedings against a person for an offence in relation to any matter arising out of an investigation; or

        (b)     affects or limits the ability of the Director or a member of staff of the Office of Police Integrity to bring criminal proceedings against a person for any other offence.

        51B     Immunity

    (1)     The Director or a member of staff of the Office of Police Integrity authorised under section 51A(2) is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—

        (a)     in the exercise of a power under section 51A(1); or

        (b)     in the reasonable belief that the act or omission was in the exercise of a power under section 51A(1).

    (2)     Any liability resulting from an act or omission that, but for subsection (1), would attach to the Director or a member of staff of the Office of Police Integrity authorised under section 51A(2) attaches instead to the State.".