{"id":"state-civil-liability-police-informants-act-2024","name":"State Civil Liability (Police Informants) Act 2024","slug":"state-civil-liability-police-informants-act-2024","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177873,"registerId":"vic-state-civil-liability-police-informants-act-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"State Civil Liability (Police Informants) Act 2024","content":"Version No. 001\n\n**State Civil Liability (Police Informants) Act 2024**\n\n**No. 35 of 2024**\n\nVersion as at  \n25 September 2024\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\n1 Purpose 1\n\n2 Object 1\n\n3 Commencement 1\n\n4 Definitions 1\n\n5 Causes of action—limit on amount of damages or other monetary compensation that may be awarded 3\n\n7 Regulations 5\n\n8 Regulations dealing with transitional matters 5\n\n═════════════\n\nEndnotes 7\n\n1 General information 7\n\n2 Table of Amendments 9\n\n3 Explanatory details 10\n\n**Version No.** **001**\n\n**State Civil Liability (Police Informants) Act 2024**\n\n**No. 35 of 2024**\n\nVersion as at  \n25 September 2024\n\n**The Parliament of Victoria enacts:**\n\n\t1 Purpose\n\nThe purpose of this Act is to limit the civil liability of the State by providing for a maximum cumulative amount of damages or other monetary compensation in relation to the provision of information and other assistance by specified human sources.\n\n\t2 Object\n\nThe object of this Act is to limit the extent to which the State is required to devote further financial resources to responding to the matters that were the subject of the Royal Commission into the Management of Police Informants.\n\n\t3 Commencement\n\nThis Act comes into operation on the day after the day on which it receives the Royal Assent.\n\n\t4 Definitions\n\nIn this Act—\n\n***cause of action*** means any claim seeking damages or other monetary compensation, whether in tort, in contract, in equity, under statute or common law or otherwise;\n\n***specified human source*** means—\n\n(a) Nicola Maree Gobbo; or\n\n(b) Joseph Acquaro;\n\n***State*** means the following—\n\n(a) the State of Victoria as a legal person;\n\n(b) a Minister of the Crown;\n\n(c) Victoria Police, including—\n\n(i) any person referred to in section 7 of the **Victoria Police Act 2013** and any person who was previously a person referred to in that section; and\n\n(ii) any person who was a member of the force within the meaning of ***member of the force***  as defined in the **Police Regulation Act 1958** (now entitled the **Police Regulation (Pensions) Act 1958**) immediately before the commencement of section 278 of the **Victoria Police Act 2013** or a former member of the force immediately before that commencement; and\n\n(iii) any person who was a member of police personnel within the meaning of ***member of police personnel***  as defined in the **Police Regulation Act 1958** (now entitled the **Police Regulation (Pensions) Act 1958**) immediately before that definition was repealed or a former member of police personnel immediately before that repeal;\n\n**Note**\n\nSee clause 16 of Schedule 6 to the **Victoria Police Act 2013**.\n\n(d) a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose;\n\n(e) a body established or appointed for a public purpose by the Governor in Council or by a Minister, otherwise than under an Act;\n\n(f) a person holding, or who has held, an office or a position established by or under an Act;\n\n(g) a person holding, or who has held, an office or a position to which that person was appointed by the Governor in Council or a Minister otherwise than under an Act;\n\n(h) a public official within the meaning of section 4(1) of the **Public Administration Act 2004**, including any person who was previously a public official within the meaning of section 4(1) of that Act;\n\n(i) any other prescribed entity;\n\n***Victoria Police*** has the same meaning as it has in the **Victoria Police Act 2013**.\n\n\t5 Causes of action—limit on amount of damages or other monetary compensation that may be awarded\n\n(1) The total maximum cumulative amount of damages or other monetary compensation that may be awarded to a person in respect of any and all causes of action against the State relating to, arising from or in connection with the provision of information or other assistance to Victoria Police by a specified human source must not exceed $1 000 000.\n\n(2) Subsection (1) applies—\n\n(a) irrespective of whether the provision of information or other assistance to Victoria Police by a specified human source—\n\n(i) was provided at the request of, or with the encouragement of, Victoria Police; or\n\n(ii) was provided in circumstances where the specified human source was registered with Victoria Police as a human source; or\n\n(iii) assisted Victoria Police or any other law enforcement agency in any investigation; and\n\n(b) irrespective of the motivation, intention or purpose of—\n\n(i) the specified human source in providing the information or other assistance; or\n\n(ii) Victoria Police in receiving the information or other assistance; and\n\n(c) in relation to any cause of action that—\n\n(i) subject to subsection (3), accrued before, on or after the commencement of this Act; or\n\n(ii) is the subject of a proceeding that has commenced on or before the commencement of this Act but has not been finally determined on that commencement.\n\n(2A) Nothing in this section—\n\n(a) increases the maximum amount of damages available for non-economic loss that is specified in section 28G of the **Wrongs Act 1958**; or\n\n(b) affects any power of a court to order costs in a proceeding; or\n\n(c) affects any power of a court to grant an indemnity certificate under the **Appeal Costs Act 1998**.\n\n(3) This section does not apply to any cause of action in respect of which a proceeding has been finally determined before the commencement of this Act.\n\n\t7 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required to be prescribed by this Act or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations—\n\n(a) may be of general or limited application; and\n\n(b) may differ according to differences in time, place or circumstance.\n\n\t8 Regulations dealing with transitional matters\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including any repeals and amendments made by this Act.\n\n(2) Regulations made under this section may—\n\n(a) have a retrospective effect to a day on or from the day on which this Act received the Royal Assent; and\n\n(b) be of limited or general application; and\n\n(c) leave any matter or thing to be decided by a specified person or class of person; and\n\n(d) provide for the exemption of persons or things or a class of persons or things from any of the regulations made under this section.\n\n(3) Regulations made under this section have effect despite anything to the contrary—\n\n(a) in any Act other than this Act; or\n\n(b) in any subordinate instrument.\n\n(4) This section is **repealed** on the second anniversary of the day on which it comes into operation.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 14 August 2024*\n\n*Legislative Council: 11 September 2024*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to limit the civil liability of the State by providing for a maximum cumulative amount of damages or other monetary compensation which may be awarded in causes of action in relation to the provision of information and other assistance by specified human sources and for other purposes.\"\n\nThe **State Civil Liability (Police Informants) Act 2024** was assented to on 24 September 2024 and came into operation on 25 September 2024: section 3.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the **State Civil Liability (Police Informants) Act 2024** by Acts and subordinate instruments.\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Insufficient legislative text was provided to make a reliable assessment of whether the Act's scope shifted from its original intent. The title suggests a focused, specific purpose relating to civil liability arising from police informant conduct, which appears consistent with the Lawyer X/Gobbo context that likely prompted it."},"complexity_factors":["Intersection of criminal law, civil liability, and legal professional privilege creates multi-layered legal analysis","Likely involves complex causation questions — proving that informant conduct directly caused wrongful conviction or loss","State liability and Crown immunity principles add constitutional and administrative law dimensions","Potential retrospective application (past convictions) raises difficult legal questions","Connection to ongoing Royal Commission findings and appeal court decisions creates evolving legal context","Insufficient legislative text was provided to fully assess scope, definitions, or operative provisions","Balancing competing public interests — justice for victims vs. finality of criminal proceedings — adds policy complexity"],"plain_english_summary":"This Act governs civil liability tied to police informants — including situations where informants acted as legal advisers to people later prosecuted — and affects who can seek compensation from the Victorian Government. It matters to people whose convictions or trials may have been compromised and to the State’s potential financial exposure.\n\nRooted in the Lawyer X/Nicola Gobbo context, the law may change or limit how affected persons pursue compensation; seek legal advice."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The operative scope aligns with the Act's stated purpose and object: it limits cumulative State monetary liability to $1,000,000 for claims related to information or assistance from the two named specified human sources, applies to a broadly defined State, preserves specified judicial powers, excludes finally determined causes, and empowers the Governor in Council to make regulations (see ss1–5, 7–8). The endnotes record no amendments to the Act."},"complexity_factors":["Broad breadth of causes of action covered (tort, contract, equity, statute, common law) increases legal variety of claims to which the cap may apply (definition of cause of action, s4).","Single cumulative monetary cap ($1,000,000) applied across all relevant claims creates allocation and sequencing issues among multiple plaintiffs and proceedings (s5(1)).","Temporal reach includes accrued claims and proceedings started but not finally determined, while excluding claims finally determined before commencement — requiring courts to determine accrual and finality (s5(2)(c), s5(3)).","Very broad definition of “State” includes Victoria Police, Ministers, public bodies, former office‑holders and prescribed entities, expanding who is protected by the cap (s4).","Named scope of specified human sources is narrow (two individuals), but fixed naming limits future extension without amendment (s4).","Savings and exceptions to preserve existing non‑economic caps and court powers add interactional complexity with other statutes and judicial discretion (s5(2A)).","Extensive regulation‑making and transitional powers, including ability to make retrospective regulations and to leave matters to specified persons, create administrative discretion and potential retrospective effect (ss7, 8(1)–(3), 8(2)(a), 8(2)(c)).","Cross‑references to other statutes (Victoria Police Act 2013; Police Regulation Act 1958; Wrongs Act 1958; Appeal Costs Act 1998) require interpretation against existing legislative frameworks (s4; s5(2A)).","Unspecified implementation mechanics (how the $1,000,000 is allocated, procedures for claimants, interaction with costs and indemnity certificates) are left to courts or regulations, increasing litigation and administrative uncertainty (s5; ss7–8)."],"plain_english_summary":"The Act caps the State’s total monetary liability at $1,000,000 for any and all causes of action connected to information or assistance given to Victoria Police by two named human sources. It makes the State (including Victoria Police and a broad range of public bodies) liable up to that cumulative cap, preserves court powers on costs and existing non‑economic caps, excludes claims finally determined before commencement, and authorises the Governor in Council to make regulations (including transitional and retrospective provisions)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose. The long title and section 1 clearly state the purpose is to limit civil liability regarding two named individuals (Nicola Gobbo and Joseph Acquaro) in connection with the Royal Commission into Police Informants. The broad definition of 'State' and the comprehensive 'irrespective of' clauses in section 5(2) are necessary to achieve this specific purpose of capping liability, rather than representing scope creep. The Act does not expand beyond the Lawyer X scandal context."},"complexity_factors":["Short statute with only 8 sections (though section 6 is notably missing from numbering)","Only 3 defined terms in section 4, though 'State' has a complex 9-part definition with nested sub-sub-paragraphs referencing historical police legislation","Single operative provision (section 5) with straightforward monetary cap, but contains multiple layers of 'irrespective of' clauses covering timing, registration status, motivation, and purpose","Retrospective application with carve-out for finally determined proceedings (subsection 5(3))","Cross-references to 4 other Acts: Victoria Police Act 2013, Police Regulation (Pensions) Act 1958, Wrongs Act 1958, Appeal Costs Act 1998, and Public Administration Act 2004","Sunset clause for transitional regulations (section 8(4)) — self-repealing after 2 years","No delegated legislation complexity beyond standard regulation-making powers"],"plain_english_summary":"**What this law does:**\n\nThis Act puts a **hard cap of $1 million** on how much money the Victorian Government and its agencies can be forced to pay out in damages (compensation) for any civil lawsuits connected to two specific police informants: **Nicola Gobbo** (the lawyer who became a police informant, known as \"Lawyer X\") and **Joseph Acquaro** (a lawyer who was murdered in 2016 after allegedly being a police source).\n\n**Who it affects:**\n\n- **The \"State\"** — this is defined very broadly to include not just the Victorian Government itself, but also:\n  - Victoria Police (current and former officers)\n  - Government ministers\n  - Public servants and statutory bodies\n  - Any other entity the government might later prescribe\n\n- **People suing the State** — anyone who has suffered harm because of information or assistance provided by Gobbo or Acquaro to police. This includes people whose criminal convictions were overturned due to the Lawyer X scandal, or families of people affected by these informants' actions.\n\n**Key features:**\n\n- The $1 million cap is **cumulative** — meaning if someone has multiple claims (say, for wrongful imprisonment, negligence, and breach of duty), the total payout across all claims cannot exceed $1 million.\n- It applies **regardless of how many people sue** or how serious the harm was.\n- It applies **retrospectively** — covering claims that arose before the Act was passed, and even claims already in court (unless they've already been finally decided).\n- It applies **no matter why** the informant gave information or why police accepted it.\n\n**Why it matters:**\n\nThis law is a direct response to the **Royal Commission into the Management of Police Informants** (the Lawyer X scandal), which revealed that Nicola Gobbo, a criminal defence lawyer, was secretly informing on her own clients to Victoria Police. This tainted numerous criminal convictions and caused massive legal fallout. The government is essentially saying: \"We acknowledge wrongdoing happened, but we're limiting the total financial exposure to $1 million per claimant to protect the public purse.\"\n\n**Important limits:**\n\n- The cap doesn't increase the existing limit on \"non-economic loss\" (pain and suffering) under the Wrongs Act 1958.\n- Courts can still award legal costs separately.\n- It doesn't affect cases that were already finally decided before this law started."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/state-civil-liability-police-informants-act-2024","history":"/api/acts/state-civil-liability-police-informants-act-2024/history","analysis":"/api/acts/state-civil-liability-police-informants-act-2024/analysis","conflicts":"/api/acts/state-civil-liability-police-informants-act-2024/conflicts","importantCases":"/api/acts/state-civil-liability-police-informants-act-2024/important-cases","documents":"/api/acts/state-civil-liability-police-informants-act-2024/documents"}}