NSWIn ForceAct
Law Enforcement (Controlled Operations) Act 1997
20MIndemnification of participants against civil liability
Start here
Get a plain-English read of 20M
Turn the raw legal text into a practical explanation grounded in Law Enforcement (Controlled Operations) Act 1997.
#### 20M Indemnification of participants against civil liability
20M Indemnification of participants against civil liability
> > (1) Section 19 (Exclusion of civil liability) does not apply in relation to an authorised operation that is an authorised cross-border controlled operation.
>
> > (2) However, this section applies to a law enforcement agency if a cross-border controlled operation has been authorised by the chief executive officer of the agency under section 6.
>
> > (3) The State must indemnify a participant in the authorised operation against any civil liability (including reasonable costs) the participant incurs because of conduct 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’s intentionally inducing a person to commit an offence under a law of any jurisdiction or the Commonwealth that the person would not otherwise have intended to commit, and
> >
> > > (c) the conduct does not involve the participant’s engaging in any conduct that is likely—
> > >
> > > > (i) to cause the death of, or serious injury to, any person, or
> > >
> > > > (ii) to involve the commission of a sexual offence against any person, and
> >
> > > (d) the participant is a civilian participant—he or she acts in accordance with the instructions of a law enforcement officer, and
> >
> > > (e) the relevant requirements (if any) of the regulations have been met.
>
> **ss 20K–20N:** Ins 2006 No 14, Sch 1 \[9\].