Conscious wrongdoing in the sense of subjective awareness of illegality is not essential for exemplary damages; recklessness or indifference to the rights of others suffices. Section 3B(1)(a) of the Civil Liability Act 2002 (NSW) excludes the operation of s 21 where the proceedings concern an intentional act done with intent to cause injury, and 'injury' in s 3B(1)(a) bears its natural and ordinary meaning (not the Part 2 definition), encompassing apprehension of physical violence. The existence of alternative disciplinary and complaint mechanisms for police does not preclude exemplary damages; it is the actual operation of those mechanisms in the particular case that may render an award inappropriate.
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