Section 34 Crimes (Criminal Organisations Control) Act 2012 | Immunity from Liability


The Crimes (Criminal Organisations Control) Act 2012 is a controversial new piece of legislation which enables courts to grant control orders and declarations at the request of the Police Commissioner.

One of the more controversial provisions of this Act is section 34, which states that the Attorney General, Commissioner, police officers, the Crown and other persons are immune from civil and criminal liability.

This means that they cannot be prosecuted in relation to an offence committed whilst exercising their functions under the Act.

Understanding the law in this area can be a difficult exercise, however our expert defence team can assist you in understanding any queries that you may have.

The Legislation

34 Immunity from liability

No civil or criminal liability attaches to:

(a) the Attorney General, the Commissioner, a police officer or other person exercising functions under this Act (whether or not under delegation), or

(b) the Crown, in respect of an act or omission in good faith in the exercise or discharge, or purported exercise or discharge, of a function conferred by or under this Act.

Why Sydney Criminal Lawyers®?

Because of the serious implications that can result from orders made under the Crimes (Criminal Organisations Control) Act, it’s important to have the support of an experienced criminal defence lawyer on your side.

Our lawyers are vastly experienced in the field of criminal law and can help you understand the law in relation to the making of control orders and declarations.

Where you feel that you or your organisation has suffered an injustice, our lawyers can explain your options in relation to seeking a revocation or appeal.

Our passionate advocates will stand by your side through every step of the proceedings.

Call us today on (02) 9261 8881 and find out more about how we can help you understand the law.