Are there statutory limits on a Queensland Police Service officer’s potential tortious liability?

Question from BEHT, Are there statutory limits on a Queensland Police Service officer’s potential tortious liability?

Answer from AI:

In Australia, the potential tortious liability of a Queensland Police Service (QPS) officer like Constable Arlen can be influenced by certain statutory limits. These limits are primarily outlined in the Police Service Administration Act 1990 (Qld) and the Civil Liability Act 2003 (Qld).

Police Service Administration Act 1990 (Qld)

Under the Police Service Administration Act 1990 (Qld), police officers are generally protected from personal liability for acts done or omitted to be done in good faith and without negligence in the performance or purported performance of their functions. However, this protection does not apply if the officer’s actions were unlawful, negligent, or done in bad faith.

Civil Liability Act 2003 (Qld)

The Civil Liability Act 2003 (Qld) also provides some protection for public or other authorities, including police officers, from liability for harm arising out of a failure to exercise a function. However, this protection is not absolute and does not apply if the authority was aware of a risk of harm and had an opportunity to exercise its function to avoid the risk, but failed to do so.

Please note: The application of these statutory limits to a specific claim can be complex and depends on the specific facts of the case. It is recommended that individuals consult with a legal professional for personalized advice.

Case Law

There have been cases where police officers have been found liable for their actions. For example, in the case of State of New South Wales v Ibbett, the High Court of Australia found that a police officer could be held liable for negligence in the performance of his duties.

Considerations for Racially Motivated Actions

If the client’s claim involves allegations of racially motivated actions by Constable Arlen, this could potentially impact the assessment of whether her actions were done in good faith. Racial discrimination is prohibited under the Racial Discrimination Act 1975 (Cth), and actions motivated by racial bias may not be considered to be done in good faith.

• Legal Advice: It is crucial to consult with a legal professional to understand how these statutory limits and case law may apply to a specific claim.
• Legal Action: If a claim is pursued, it will be necessary to gather evidence to support the allegations, such as witness statements, video footage, and any other relevant documentation.

This information is intended to provide a general understanding of the law. It is not intended to be legal advice. It is recommended that individuals consult with a legal professional for personalized advice.