Western Australian Current Acts

CRIMINAL INVESTIGATION (COVERT POWERS) ACT 2012 - SECT 28

28 .         Indemnification of participants against civil liability

        (1)         In this section —

        participant does not include a police officer.

        (2)         The chief officer of a law enforcement agency must indemnify a participant in an authorised operation against any civil liability (including reasonable costs) that the participant incurs because of conduct that the participant engages in if —

            (a)         the participant engages in the conduct in the course of, and for the purposes of, the operation in accordance with the authority for the operation; and

            (b)         the conduct does not involve the participant inducing or encouraging another person to engage in criminal activity of a kind that the other person could not reasonably be expected to engage in unless so induced or encouraged; and

            (c)         the conduct does not involve the participant engaging in any conduct that is likely to —

                  (i)         cause the death of, or serious injury to, any person; or

                  (ii)         involve the commission of a sexual offence against any person;

                and

            (d)         if the participant is a civilian participant, he or she acts in accordance with the instructions of a law enforcement officer; and

            (e)         the requirements, if any, specified in the regulations have been met.