An ordinary member of Victoria Police exercising statutory powers conferred on the officer as such (including the power of apprehension under s 10 of the Mental Health Act 1986) is not a 'person representing the Crown' within the meaning of s 38 of the Appeal Costs Act 1998 (Vic), and may therefore obtain an indemnity certificate under s 4 of that Act. The common law doctrine that police officers exercise original, not delegated, authority applies in this statutory context. However, the dissent of Maxwell P raises a substantial argument that the phrase should be construed purposively in the appeal costs context, and the question may be revisited.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.