Police officers may owe a duty of care to innocent bystanders to take reasonable steps to avoid causing them injury during operational activities such as deploying capsicum spray, and such a duty is not necessarily inconsistent with police duties to enforce the criminal law. The inconsistent duties doctrine from Sullivan v Moody only precludes a duty where the proposed duty would give rise to irreconcilable obligations. Zalewski v Turcarolo remains good law in Victoria and is consistent with Sullivan v Moody and Tame v New South Wales.
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