Mental Health (Secure Facilities) Act 2016

An official is not civilly liable for conduct engaged in honestly and without recklessness—

in the exercise of a function under this Act; or

in the reasonable belief that the conduct was in the exercise of a function under this Act.

Any civil liability that would, apart from this section, attach to the official attaches instead to the Territory.

In this section:

conduct means an act or omission to do an act.

official means—

the chief psychiatrist; or

the person in charge of a secure mental health facility; or

anyone else exercising a function under this Act.

Note 1 An official visitor exercising a function under this Act is protected from civil liability by the Official Visitor Act 2012, s 24.

Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).