74Liability of the State for police torts

74 Liability of the State for police torts (1) Subject to this section, the State is liable for a police tort. S. 74(2) amended by No. 12/2017 s. 4(1). (2) Subject to subsection (5), the State is not liable for a police tort if the State establishes on a police tort claim that the conduct giving rise to the police tort was serious and wilful misconduct by the police officer or protective services officer who committed the police tort. (3) If a police officer or protective services officer commits a police tort for which the State is liable, the officer— (a) is not liable to any person for the police tort; and (b) is not liable to indemnify, or to pay any contribution to, the State in respect of the liability incurred by the State. S. 74(4) amended by No. 12/2017 s. 4(2). (4) Subject to subsection (5), the State is not liable for a tort committed by a police officer or protective services officer that is not a police tort. S. 74(5) inserted by No. 12/2017 s. 4(3). (5) Subsections (2) and (4) do not apply to a claim brought in reliance on Part XIII of the **Wrongs Act 1958**. Note to s. 74 inserted by No. 54/2016 s. 8. See Part II of the **Crown Proceedings Act 1958** for the liability of the State for torts committed by servants of the Crown. The public service of Victoria consists of persons employed under Part 3 of the **Public Administration Act 2004**—see section 9 of that Act. Victoria Police employees (including police custody officers) are employed under Part 3 of the **Public Administration Act 2004**.