Section 14A of the Police Administration Act (NT) and the Code of Conduct issued thereunder do not create actionable statutory duties; the only consequence of breach is internal disciplinary action. Section 9 of the Racial Discrimination Act (Cth) does not provide a private right of action outside the exclusive enforcement regime of the Australian Human Rights Commission and Federal courts. However, breaches of such provisions may be relevant to the assessment of punitive damages where liability is established on other grounds. The test for leave to claim punitive damages under s 148F(2) PAA requires a prima facie case of conscious and contumelious disregard of rights; evidence of merely excessive police conduct is insufficient.
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