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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-10-16 Daily Xml
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STATUTES AMENDMENT (POLICE) BILL

Final Stages

The Legislative Council agreed to the bill with the amendment indicated by the following schedule, to which amendment the Legislative Council desires the concurrence of the House of Assembly:

No. 1. New clause, page 9, after line 33—Insert:

14A—Substitution of section 65

Section 65—delete the section and substitute:

65—Protection from liability for members of SA Police

(1) A member of SA Police does not incur any civil or criminal liability for an honest act or omission in the exercise or discharge, or the purported exercise or discharge, of a power, function or duty conferred or imposed by or under this Act or any other Act or law.

(2) A liability that would, but for subsection (1), lie against a member of SA Police lies instead against the Crown.

(3) A person (the injured person) who suffers injury, loss or damage as a result of the act or omission of a member of SA Police may not sue the member personally unless—

(a) it is clear from the circumstances of the case that the immunity conferred by subsection (1) does not extend to the case; or

(b) the injured person brings an action in the first instance against the Crown but the Crown then disputes, in a defence filed to the action, that it is liable for the act or omission of the member.

(4) Where a question arises as to whether the immunity conferred by subsection (1) extends to the case and the member of SA Police claims to come within the immunity so conferred, the burden of proving that the act or omission was dishonest lies on the party seeking to establish the personal liability of the member.

(5) If a member of SA Police is sued personally for an act or omission in the exercise or discharge, or purported exercise or discharge, of a power, function or duty conferred or imposed by or under this Act or any other Act or law—

(a) unless the Crown is alleging that the member is personally liable for the act or omission—the Crown must represent the member; or

(b) if the Crown does not represent the member and the member is found by the court not to have acted dishonestly—the Crown must indemnify the member for legal costs properly incurred by the member (but not exceeding 80% of the Supreme Court scale of costs applying at the time the case is determined).

Consideration in committee.

The Hon. M.F. O'BRIEN: I move:

That the Legislative Council's amendment be agreed to.

Motion carried.

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