Section 123 of the Police Regulation Act 1958 (Vic) requires examination of the specific acts complained of, not the overall characterisation of the officer's conduct, to determine whether those acts were necessarily or reasonably done in good faith in the course of duty. The test is subjective, assessed from the perspective of the member, asking whether reasonable grounds existed for the chosen course. Liability for exemplary damages cannot be transferred to the State under s.123(2) because conduct warranting exemplary damages is the antithesis of conduct done necessarily or reasonably in good faith. Negligence in planning a police operation is not causative of damage from intentional torts committed pursuant to a common design that overtook the negligence.
The full text is available to signed-in members, including the 24 later cases that cite this judgment.
2 of the 24 citing cases carry a classified treatment. How each court treated it is available to signed-in members.