POLICE ACT 1892 - SECT 138

POLICE ACT 1892 - SECT 138

138 .         Corrupt or malicious acts by police

        (1)         This section applies if a person ( the claimant ), in an action in tort, is awarded damages —

            (a)         against a member of the Police Force ( the defendant ) for anything that the member has done maliciously or corruptly while performing or purporting to perform the functions of a member of the Police Force, whether or not under a written or other law; or

            (b)         against a person ( the defendant ) for anything that the person has done maliciously or corruptly in assisting a member of the Police Force who is performing or purporting to perform the functions of a member of the Police Force, whether or not under a written or other law,

                and the thing was done after the commencement of the Acts Amendment (Police Immunity) Act 1999 .

        (2)         The claimant may request the Treasurer to pay the damages awarded to the claimant, other than exemplary or punitive damages, and any costs ordered to be paid to the claimant.

        (3)         The Treasurer may pay the claimant all or some of the damages and costs if satisfied —

            (a)         that the claimant is unlikely to recover them from the defendant; and

            (b)         that there is no relationship or connection between the claimant and the defendant, or a close relative of the defendant, that is likely to result in a benefit or advantage to the defendant if the claimant were paid the damages and costs.

        (4)         Any amount paid by the Treasurer to the claimant is a debt due to the Crown by the defendant and may be recovered in a court of competent jurisdiction.

        (5)         In this section —

        close relative , in relation to a person, includes a de facto partner of the person.

        [Section 138 inserted: No. 42 of 1999 s. 6; amended: No. 28 of 2003 s. 158.]