9BHow can police tort claims be made?

#### 9B How can police tort claims be made? 9B How can police tort claims be made? > > (1) A police tort claim is a claim for damages for a tort allegedly committed by a police officer (the police officer concerned) in the performance or purported performance of the officer’s functions (including an independent function) as a police officer, whether or not committed jointly or severally with any other person. > > > (2) Except as provided by this Part, a person may not in any legal proceedings make a police tort claim against the police officer concerned, but may instead make the claim against the Crown. > > > (3) A person who makes a police tort claim against the Crown in any legal proceedings may join the police officer concerned as a party to the proceedings only if the Crown denies that it would be vicariously liable for the alleged tort if it were established that the police officer concerned had committed the tort. > > > (4) If a person seeks to join a police officer under subsection (3) as a party to legal proceedings: > > > > > (a) the person is not required to file a new originating process, but may instead amend the existing originating process, and > > > > > (b) the court is to make such orders as it considers appropriate to enable the existing originating process to be duly amended, and > > > > > (c) nothing in the [Limitation Act 1969](/view/html/inforce/current/act-1969-031) precludes the making of a claim in the amended originating process for damages against the police officer for the alleged tort if the amendment to the originating process is made within 2 months after the Crown denies that it would be vicariously liable for the alleged tort if it were established that the police officer had committed the tort. > > **ss 9A–9G:** Ins 2003 No 74, Sch 2 \[5\].