sec.10.5Civil liability of police officers and others for engaging in conduct in official capacity

### sec.10.5 Civil liability of police officers and others for engaging in conduct in official capacity This section applies to each of the following— an officer; a staff member; a recruit; a volunteer; a person who, at the time the person engaged in conduct in an official capacity, was a person mentioned in any of paragraphs (a) to (d) . A person to whom this section applies does not incur civil liability for engaging, or the result of engaging, in conduct in an official capacity. If subsection (2) prevents liability attaching to a person, the liability attaches instead to the Crown. If liability attaches to the Crown under subsection (3) , the Crown may recover contribution from the officer, staff member or recruit or former officer, staff member or recruit who engaged in the conduct, but only if the conduct was engaged in— other than in good faith; and with gross negligence. There is to be no contribution from a volunteer or former volunteer. In a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances. In this section— civil liability , of a person to whom this section applies for engaging, or for the result of engaging, in conduct in an official capacity, means liability of any type for the payment of an amount by the person because of— a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or a complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886 ; or an order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the person. a liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant (however described) under the Act a liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to publish an apology in a newspaper conduct means an act or an omission to perform an act. engage in conduct in an official capacity , by a person to whom this section applies, means engage in conduct as part of, or otherwise in connection with, the person’s role as an officer, a staff member, a recruit or a volunteer (as is applicable), including, for example, engaging in conduct under or purportedly under an Act. volunteer means a person appointed by the commissioner to perform duties for the service on an unpaid voluntary basis on conditions decided by the commissioner but does not include an MRQ volunteer or SES volunteer. s 10.5 amd 1998 No. 19 s 10 ; 2004 No. 43 s 89 sub 2014 No. 2 s 13 amd 2024 No. 18 s 30 (sec.10.5-ssec.1) This section applies to each of the following— an officer; a staff member; a recruit; a volunteer; a person who, at the time the person engaged in conduct in an official capacity, was a person mentioned in any of paragraphs (a) to (d) . (sec.10.5-ssec.2) A person to whom this section applies does not incur civil liability for engaging, or the result of engaging, in conduct in an official capacity. (sec.10.5-ssec.3) If subsection (2) prevents liability attaching to a person, the liability attaches instead to the Crown. (sec.10.5-ssec.4) If liability attaches to the Crown under subsection (3) , the Crown may recover contribution from the officer, staff member or recruit or former officer, staff member or recruit who engaged in the conduct, but only if the conduct was engaged in— other than in good faith; and with gross negligence. There is to be no contribution from a volunteer or former volunteer. (sec.10.5-ssec.5) In a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances. (sec.10.5-ssec.6) In this section— civil liability , of a person to whom this section applies for engaging, or for the result of engaging, in conduct in an official capacity, means liability of any type for the payment of an amount by the person because of— a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or a complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886 ; or an order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the person. a liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant (however described) under the Act a liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to publish an apology in a newspaper conduct means an act or an omission to perform an act. engage in conduct in an official capacity , by a person to whom this section applies, means engage in conduct as part of, or otherwise in connection with, the person’s role as an officer, a staff member, a recruit or a volunteer (as is applicable), including, for example, engaging in conduct under or purportedly under an Act. volunteer means a person appointed by the commissioner to perform duties for the service on an unpaid voluntary basis on conditions decided by the commissioner but does not include an MRQ volunteer or SES volunteer. s 10.5 amd 1998 No. 19 s 10 ; 2004 No. 43 s 89 sub 2014 No. 2 s 13 amd 2024 No. 18 s 30 - (a) an officer; - (b) a staff member; - (c) a recruit; - (d) a volunteer; - (e) a person who, at the time the person engaged in conduct in an official capacity, was a person mentioned in any of paragraphs (a) to (d) . - (a) other than in good faith; and - (b) with gross negligence. - (a) a claim based in tort, contract or another form of action in relation to the conduct or result, including, for example, breach of statutory duty or defamation and, for a fatal injury, includes a claim for the deceased’s dependants or estate; or - (b) a complaint made under a law that provides a person may complain about the conduct or result to an entity established under the law, other than a complaint to start criminal proceedings, including, for example, a complaint under the Justices Act 1886 ; or - (c) an order of a court to pay costs relating to a proceeding for an offence against a law in relation to the conduct or result, unless the proceeding was for an offence by the person. - • a liability because of an agreement or an order under the Anti-Discrimination Act 1991 or the Australian Human Rights Commission Act 1986 (Cwlth) requiring payment of an amount to a complainant (however described) under the Act - • a liability because of an obligation under an agreement to settle a proceeding, or an order of a court or tribunal, to do something that involves paying an amount, including an obligation to publish an apology in a newspaper