A driver who flees from police owes a duty not to expose the pursuing officer to a risk of injury arising from the officer's own conduct in performing duties. It is foreseeable that a police officer may make an error of judgment in initiating or continuing a pursuit, and such conduct does not break the chain of causation. The reasonableness of a police officer's decision to pursue must be assessed in the context of the law enforcement role, including the nature of the offence, the need for quick decisions, and the Pursuit Guidelines. Driving an unregistered vehicle (or a vehicle without registration plates) is not an insignificant offence for the purposes of assessing whether a pursuit was reasonable. The proper construction of s 126 of the Motor Accidents Compensation Act 1999 (NSW) remains uncertain and was not definitively resolved.
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