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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by the Hon. P. G. Pendal, MLA)
Police (Immunity from Civil Liability) Bill
1998
A Bill for
An Act to provide for civil immunity for police officers for acts or
omissions done in good faith in the course of exercising their powers
and duties as police officers.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Police (Immunity from Civil
Liability) Act 1998.
page 1
No. 13 -- 1B
Police (Immunity from Civil Liability) Bill 1998
s. 2
2. Commencement
This Act shall come into operation on the day on which it is
proclaimed.
3. Interpretation
5 In this Act --
"police officer" has the meaning given to it by the
Interpretation Act 1984.
4. Acts binds Crown
This Act binds the Crown.
10 5. Immunity
(1) A civil action shall not be brought or maintained against any
police officer in respect of any act or omission done in good
faith in his or her exercise or discharge, or purported exercise or
discharge, of any powers, functions, duties or responsibilities
15 conferred or imposed on him or her by any Act or law.
(2) The onus of proving that any act or omission referred to in
subsection (1) was not done in good faith shall lie with such
person bringing any civil action relating to such act or omission.
(3) Notwithstanding any other Act or law, the Crown is liable
20 for --
(a) any civil liability that would, but for this section, lie
against a police officer; and
(b) any reasonable costs incurred by a police officer in
defending any civil action to which this section applies.
page 2
Police (Immunity from Civil Liability) Bill 1998
s. 6
6. Indemnity
(1) The Crown shall indemnify a police officer for --
(a) any order for damages made against such officer; and
(b) any reasonable costs incurred by such officer,
5 in defending any civil action in circumstances in which this Act
would apply but for the fact that such action is brought in
respect of an alleged breach of a written or unwritten
Commonwealth law.
7. Transitional
10 Any civil action in relation to which proceedings are pending at
the time this Act comes into operation and to which this Act
would otherwise apply shall be dealt with as though the relevant
provisions of this Act were not in force.
8. Consequential amendments
15 Section 138 of the Police Act 1892 is amended by deleting `H'
from that provision.
page 3
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