Legislation protecting police officers against civil action passed by State Parliament

23/11/99 Police officers throughout the State who carry out their duties lawfully are now fully protected from any civil action by members of the public, Police Minister Kevin Prince said today.

23/11/99
Police officers throughout the State who carry out their duties lawfully are now fully protected from any civil action by members of the public, Police Minister Kevin Prince said today.
The Acts Amendment (Police Immunity) Bill 1999 was last week passed by State Parliament.
Mr Prince said the law would protect sworn officers of the WA Police Service against any civil action arising from their public duties performed without corruption or malice.
"As the Minister for Police in this State, I am extremely pleased that this Government has successfully moved to give police officers the support and protection they deserve for serving and protecting Western Australians," the Minister said.
"For many years police officers, unlike public servants in Western Australia, have not been afforded protection from civil liability claims and this has been a very unsatisfactory situation.
"In this increasingly litigious society, some police officers have found themselves in the extremely harrowing position of being sued as an individual for their actions as a police officer, and they have faced enormous personal and financial loss.
"Police officers in this State carry out difficult and demanding duties and should be granted basic protection for doing so."
Key components of the Bill include:

    • full protection from civil action for sworn police officers who perform their functions without corruption or malice;
    • the ability for an innocent third party to seek compensation for any injury or loss arising from an action of a member of the WA Police Service, which is negligent but neither malicious or corrupt;
    • a provision for any police officer who does not co-operate fully with the Crown in defence of such civil wrong to be liable for the cost incurred to defend the action as well as any awarded damages;
    • the Crown will not be liable for any action deemed corrupt or malicious; and -
    • the Crown will not be liable for exemplary or punitive damages.
"In cases where the actions of the police personnel are deemed to have been corrupt or malicious, the Bill provides the opportunity for a claimant to request the Treasurer to pay any damages awarded, other than exemplary or punitive, or costs which are ordered," Mr Prince said.
"The Treasurer may pay such entitlements where there is little prospect of recovery from the defendant and where it is unlikely that the defendant will benefit from the payment.
"Any such payment will be a debt owing to the Crown and recoverable through the courts."
Media contact: Kirsten Stoney 9220 5000