CRIMES ACT 1914

Part IAB - Controlled operations  

Division 3 - Protection from criminal responsibility and related provisions  

Subdivision A - Controlled operations under this Part  

SECTION 15HB   15HB   Indemnification of participants against civil liability  


The Commonwealth must indemnify a participant in a controlled operation against any civil liability (including reasonable costs) the participant incurs because of conduct the participant engages in if:


(a) the participant engages in the conduct in the course of, and for the purposes of, the controlled operation in accordance with the authority to conduct the controlled operation; and


(b) the participant is identified in the authority as a person authorised to engage in controlled conduct for the purposes of the controlled operation; and


(c) the conduct does not involve the participant intentionally inducing a person to commit a Commonwealth offence or an offence under a law of a State or Territory that the person would not otherwise have intended to commit; and


(d) the conduct does not involve the participant engaging in any conduct that is likely to:


(i) cause the death of, or serious injury to, any person; or

(ii) involve the commission of a sexual offence against any person; and


(e) if the participant is a civilian participant in the operation - he or she acts in accordance with the instructions of a law enforcement officer; and


(f) the requirements (if any) specified in the regulations have been met.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.