South Australian Current Acts South Australian Current Acts65—Protection from liability for members of SA Police and
police security officers
(1) A member of SA
Police or a police security officer 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 or a
police security officer 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 or a police security officer may not
sue the member or officer 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 or officer.
(4) Where a question
arises as to whether the immunity conferred by subsection (1) extends to
the case and the member of SA Police or the police security officer
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 or officer.
(5) If a member of SA
Police or a police security officer 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 or officer is personally liable
for the act or omission—the Crown must represent the member or officer;
or
(b) if
the Crown does not represent the member or officer and the member or officer
is found by the court not to have acted dishonestly—the Crown must
indemnify the member or officer for legal costs properly incurred by the
member or officer (but not exceeding 80% of the Supreme Court scale of
costs applying at the time the case is determined).