72What is a police tort?

72 What is a police tort?

(1) For the purposes of this Act, a police tort is a tort committed by a police officer or protective services officer in the performance or purported performance of the officer's duties.

(2) For the purposes of subsection (1), a tort includes—

S. 72(2)(a) amended by No. 2/2019 s. 81(1).

(a) detrimental action (within the meaning of the Public Interest Disclosures Act 2012) taken by a police officer or protective services officer in reprisal for a disclosure to which Part 6 of that Act applies; and

Note to s. 72(2)(a) inserted by No. 2/2019 s. 81(2).

The disclosures to which Part 6 of the Public Interest Disclosures Act 2012 applies include a complaint by a police officer or protective services officer about the conduct of another police officer or protective services officer made under section 167(3).

(b) any other prescribed action or conduct.

(3) To avoid doubt, subsection (2) does not limit what is a tort for the purposes of subsection (1).

(4) For the purposes of subsection (1), it is irrelevant whether the tort is committed by the police officer or protective services officer alone or jointly or severally with any other person.