Liability of the Crown in contract
23 Liability of the Crown in contract
Subject to this Part—
the Crown shall be liable in respect of any contract made on its behalf in the same manner as a subject is liable in respect of his contracts; and
the Crown shall be liable for the torts of any servant or agent of the Crown or independent contractor employed by the Crown as nearly as possible in the same manner as a subject is liable for the torts of his servant or agent or of an independent contractor employed by him.
Note to s. 23(1) inserted by No. 54/2016 s. 3.
Note
Police officers and protective services officers are not servants or agents of the Crown or independent contractors employed by the Crown. See Division 8 of Part 4 of the Victoria Police Act 2013 for the liability of the State for a tort committed by a police officer or a protective services officer in the performance or purported performance of the officer's duties.
No proceeding shall lie against the Crown under this Part in respect of anything done or omitted to be done by any person while discharging or purporting to discharge any responsibility of a judicial nature invested in him.
No proceeding shall lie against the Crown under this Part—
in respect of any contract made by or on behalf of any public statutory corporation; or
in respect of any tort of any such corporation or of any of its servants or agents or of any independent contractor employed by it—
and nothing in this Part shall affect any provision in any Act by which any liability of any such corporation or of any of its members officers or servants in respect of any matter is specifically limited or conditioned, but no such corporation shall on the ground that it is the Crown or the servant or agent of the Crown be exempt from any liability to which it would otherwise be subject.
No. 5874 s. 5.
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