Post Search Process

Question 1

Damage caused to rental properties

Answer 1

Landlords generally carry the risk

If use of SW or statutory power is justified by the outcome of the execution, or the execution sound,compensation for justifiable damage will not be paid.

Question 2

Unreasonable searches or unjustified damage

Answer 2

In cases where unjustified damage is caused in the execution of a SW or statutory power, compensation may be available

Question 3

Mistakes when SW are executed

Answer 3

Compensation is likely available

However if a constable enters under s14, compensation will seldom be paid.

Question 4

Policy around owner occupiers requesting compensation from executing officers

Answer 4

Officers must not indicate police will rectify damage because this pre empts compensation

Instead, report to district commander: sw circumstances, grounds, damage, outcome of se or statutory power, owner details, nature or basis of claim, steps police took to prevent damage

Question 5

Securing premises

Answer 5

Must never leave premise insecure.

Make every attempt to secure

Liaise with occupier

Engage a contractor at couplers request

Effect a temporary repair