n New Developments

Posted 28th August 2005

Knesset Passes New Legislation Granting Immunity to Public Employees

The Knesset has passed legislation, first introduced in 2002, which grants broad immunity to public officials from civil tort suits. 

The new legislation, Amendment No. 10, to the Civil Wrongs Ordinance, 5765- 2005, adds new sections 7A - 7F, which prohibit the filing of civil tort claims against public officials for non-intentional acts committed in the course of the performance of their public duties.

The immunity does not apply to wrongs committed with the intention to cause harm or to acts committed in utter disregard of the possibility that the acts in question would cause harm (sometimes referred to as gross negligence in United States practice). 

As a practical matter, the immunity covers only negligent acts or omissions by public officials.

The legislation does not alter the longstanding liability of the State of Israel or local government bodies for civil wrongs. The law will take effect six months after its publication (i.e. in March 2006). 

Public officials include all employees and certain
contract workers of the State of Israel, and members of the Israel Defense Forces, police, prisons authority and security forces.

The law also applies to employees of local authorities and certain independent agencies such as the Bank of Israel, the National Insurance Institute and the Employment Service.

The new legislation supplants judge-made case law dealing with tort immunity of public officials

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