Victorian Current Acts

VICTORIA POLICE ACT 2013 - SECT 71

    (1)     This section applies in relation to a warrant issued by—

        (a)     the Magistrates' Court; or

        (b)     a magistrate; or

        (c)     a registrar of the Magistrates' Court; or

        (d)     a board, tribunal, commission or other body (whether constituted by one person or more than one person) established by or under an Act; or

        (e)     a member of a board, tribunal, commission or other body referred to in paragraph (d); or

        (f)     an officer of a board, tribunal, commission or other body referred to in paragraph (d).

    (2)     Proceedings cannot be brought against a protected person for anything done or purportedly done in the course of executing a warrant until—

        (a)     a written demand to inspect and obtain a copy of the warrant, signed by the person intending to bring the action, has been made to the protected person either in person or by being left at the protected person's usual place of residence or work; and

        (b)     the first of the following occurs—

              (i)     the demand is complied with; or

              (ii)     the demand is refused; or

              (iii)     6 days pass after the day on which the demand was made.

    (3)     In proceedings brought against a protected person for anything done or purportedly done in the course of executing a warrant, the protected person is not to be held liable merely because—

        (a)     there was an irregularity or defect in the issuing of the warrant; or

        (b)     the person who issued the warrant lacked the jurisdiction to do so.

    (4)     The court must dismiss the proceedings with costs if the protected person—

        (a)     produces the warrant; and

        (b)     proves that—

              (i)     the signature on the warrant is that of the person whose signature it purports to be (the issuer ); and

              (ii)     the issuer has the reputation of being, and acts as, a person who has the jurisdiction to issue the warrant; and

              (iii)     the act complained of was done in the course of executing the warrant.

    (5)     Subsections (3) and (4) apply whether or not the proceedings are brought jointly against the protected person and the person who issued the warrant.

    (6)     In this section—

"protected person" means—

        (a)     a police officer or protective services officer; or

        (b)     a person acting at the direction of a police officer or protective services officer; or

        (c)     a person assisting a police officer or protective services officer.

Division 8—Liability for tortious conduct by police and protective services officers