Document ID: chunk:federal_register_of_legislation:F2008C00189:body:0:p27
Version: federal_register_of_legislation:F2008C00189
Segment Type: other
Provision Reference: 
Character Range: 61528–64122

or another Territory;
who, at the request of a special constable, assists the special constable under a provision of this Ordinance.
plaintiff includes a defendant counter‑claiming.

 (2) The Commonwealth is:
 (a) liable for a tort committed by an auxiliary in the exercise or performance, or purported exercise or performance, of his or her powers or functions in the same way as a person is liable for a tort committed by his or her employee in the course of his or her employment; and
 (b) to be treated for all purposes as a joint tortfeasor with the auxiliary in respect of the tort.

 (3) In a claim by the Commonwealth for damages in respect of a tort, an act or omission of an auxiliary in the exercise or performance, or purported exercise or performance, of his or her powers or functions may be relied on as constituting contributory negligence by the Commonwealth if the act or omission could have been so relied on if it had been done by an employee of the Commonwealth in the course of his or her employment.

 (4) The liability of the Commonwealth under subsection (2) does not extend to a liability to pay punitive damages.

 (5) Without limiting the application of subsection (2), the Commonwealth may:
          (a) if proceedings have been begun against an auxiliary with respect to a tort committed by the auxiliary in the exercise or performance, or purported exercise or performance, of his or her powers or functions — as joint tortfeasor with the auxiliary (whether or not the Commonwealth is a party to the proceedings):
 (i) pay to the plaintiff, on behalf of the auxiliary, the whole or a part of any damages or costs (except punitive damages) that the auxiliary has been ordered by the court in the proceedings to pay to the plaintiff; and
 (ii) pay to the auxiliary any costs that are incurred by him or her in the proceedings and not recovered from the plaintiff; or
 (b) if an auxiliary has entered into a settlement of a claim by another person that has, or might have, given rise to proceedings of a kind referred to in paragraph (a) — as joint tortfeasor with the auxiliary (whether or not the Commonwealth is a party to the settlement), pay to that other person the whole or a part of the amount that, under the terms of the settlement, the auxiliary is liable to pay to the other person.

57 Regulations

  The Minister may make regulations prescribing matters:
 (a) required or permitted by this Ordinance to be prescribed; or
 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Ordinance.
Schedule 1 Forms
(subsection 4