VICTORIA POLICE ACT 2013 (NO. 81 OF 2013) - SECT 74 Liability of the State for police torts
VICTORIA POLICE ACT 2013 (NO. 81 OF 2013) - SECT 74
Liability of the State for police torts(1) Subject to this section, the State is liable for a police tort.
(2) The State is not liable for a police tort if the State establishes on a police tort claim that the conduct giving rise to the police tort was serious and wilful misconduct by the police officer or protective services officer who committed the police tort.
(3) If a police officer or protective services officer commits a police tort for which the State is liable, the officer—
(a) is not liable to any person for the police tort; and
(b) is not liable to indemnify, or to pay any contribution to, the State in respect of the liability incurred by the State.
(4) The State is not liable for a tort committed by a police officer or protective services officer that is not a police tort.