Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 148 –
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(1) For this Part, an act done or omission made, or purported to have been done or made, by a member in the capacity of a public official under an Act or regulations (the "authorising law") is taken to have been done or omitted to be done by the member in the performance or purported performance of duties as a member.
(2) For subsection (1), a public official is a person appointed or authorised under the authorising law to perform inspection, investigation or other enforcement functions under that law for the Territory, an Agency or another Territory authority.
Examples of a public official for subsection (2) –
1. A Fisheries Officer within the meaning of the Fisheries Act.
2. An inspector within the meaning of the Meat Industries Act.
3. An authorised officer within the meaning of the Tobacco Control Act.
(3) This Part applies despite a provision of the authorising law providing for the protection from civil liability of a member (regardless of whether it also provides for protection from criminal liability) for an act done or omitted to be done in the exercise or purported exercise of a power, or the performance or purported performance of a function, under the law.
(1) This section applies to a person who is or has been a member.
(2) The person is not civilly liable for an act done or omitted to be done by the person in good faith in the performance or purported performace of duties as a member.
(1) The Territory is vicariously liable for a tort committed by a member in the performance or purported performance of duties as a member in the same way as an employer is liable for a tort committed by an employee of the employer in the course of the employee's employment.
(2) However, subsection (1) does not apply if, under the Act under which the duties were performed or purportedly performed, the Territory does not incur civil liability for the tort.
(3) In addition, the Territory's vicarious liability for a tort committed by a member does not extend to a liability to pay damages in the nature of punitive damages.
In this Division –
"police tort claim" means a claim for damages, including damages in the nature of punitive damages, for a tort allegedly committed by a member in the performance or purported performance of duties as a member, whether or not committed jointly or severally with another person.
(1) For this Division, a tort is committed or allegedly committed by a member if the tort is committed or allegedly committed by a person who was a member at the time of the tort or alleged tort.
(2) A reference in this Division to a claim against a member for a tort or alleged tort includes a reference to a claim against a person who was a member at the time of the tort or alleged tort but who has ceased to be a member since that time.
(1) Except as provided in this Division, a person cannot in any legal proceeding make a police tort claim against a member but may instead make the claim against the Territory.
(2) A person who makes a police tort claim against the Territory in any legal proceeding may join the member who allegedly committed the tort as a party to the proceeding only if –
(a) the Territory denies it would be vicariously liable for the alleged tort if it were established the member had committed the tort; or
(b) the court grants leave for the claim to include a claim for damages in the nature of punitive damages.
(3) However, subsection (2)(a) does not require the Territory to deny it would be vicariously liable for the alleged tort if it were established the member had committed the tort merely because the police tort claim includes a claim for damages in the nature of punitive damages.
(4) If a person seeks to join a member under subsection (2) as a party to a legal proceeding –
(a) the person is not required to file a new originating process but may instead amend the existing originating process;
(b) the court must make the orders it considers appropriate to enable the existing originating process to be amended; and
(c) section 162 does not prevent the making of a claim in the amended originating process for damages against the member for the alleged tort if the amendment is made within 2 months after the Territory denies it would be vicariously liable for the alleged tort if it were established the member had committed the tort.
(5) If the court grants leave for the claim to include a claim for damages in the nature of punitive damages, the existing originating process must be amended within 2 months after the date the court grants the leave.
(1) This Division does not –
(a) make the Territory vicariously liable for a tort committed by a member if it would not otherwise be vicariously liable for the tort;
(b) prevent the Territory from bringing a legal proceeding against, or claiming damages or a contribution or indemnity in any legal proceeding from, a member for a tort committed by the member;
(c) prevent the Territory from joining a member in a legal proceeding claiming damages for a tort committed by the member;
(d) prevent a person from bringing a legal proceeding, or claiming damages in any legal proceeding, against another person who is not a member but who is jointly or severally liable for a tort committed by a member;
(e) prevent a person from making a police tort claim against a member in any legal proceeding brought against the person by the member; or
(f) prevent a person from bringing a legal proceeding, or claiming damages in a legal proceeding, against a member for a tort committed by the member other than in the performance or purported performance of duties as a member.
(2) However, in a legal proceeding mentioned in subsection (1)(b) or (c), the amount of damages, contribution or indemnity the court may order is the amount found by the court to be just and equitable in the circumstances.