Northern Territory Consolidated Acts

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POLICE ADMINISTRATION ACT 1978 - SECT 148G

Part does not affect certain claims and proceedings

    (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.



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