148FHow police tort claim is made

148F How police tort claim is made (1) Except as provided in this Division, a person cannot in any legal proceeding make a police tort claim against a member but may instead make the claim against the Territory. (2) A person who makes a police tort claim against the Territory in any legal proceeding may join the member who allegedly committed the tort as a party to the proceeding only if: (a) the Territory denies it would be vicariously liable for the alleged tort if it were established the member had committed the tort; or (b) the court grants leave for the claim to include a claim for damages in the nature of punitive damages. (3) However, subsection (2)(a) does not require the Territory to deny it would be vicariously liable for the alleged tort if it were established the member had committed the tort merely because the police tort claim includes a claim for damages in the nature of punitive damages. (4) If a person seeks to join a member under subsection (2) as a party to a legal proceeding: (a) the person is not required to file a new originating process but may instead amend the existing originating process; (b) the court must make the orders it considers appropriate to enable the existing originating process to be amended; and (c) section 162 does not prevent the making of a claim in the amended originating process for damages against the member for the alleged tort if the amendment is made within 2 months after the Territory denies it would be vicariously liable for the alleged tort if it were established the member had committed the tort. (5) If the court grants leave for the claim to include a claim for damages in the nature of punitive damages, the existing originating process must be amended within 2 months after the date the court grants the leave. Police Administration Act 1978 155