Protection from civil proceedings
180 Protection from civil proceedings
Protection for the Commonwealth and protected persons
No civil proceeding lies against the Commonwealth or a person (a protected person) covered by subsection (3) in relation to anything done, or omitted to be done, in good faith:
by a protected person in the performance or purported performance of a function or duty, or the exercise or purported exercise of a power, conferred by this Act; or
by a person in providing, or purporting to provide, assistance, information or a document to a protected person, as a result of a request, direction or other requirement made by the protected person in the performance or purported performance of a function or duty, or the exercise or purported exercise of a power, conferred by this Act.
Protection for persons assisting protected persons
No civil proceeding lies against a person in relation to anything done, or omitted to be done, in good faith by the person in providing, or purporting to provide, assistance, information or a document to a protected person, as a result of a request, direction or other requirement made by the protected person in the performance or purported performance of a function or duty, or the exercise or purported exercise of a power, conferred by this Act.
Protected persons
A person is covered by this subsection if the person is, or was, any of the following:
the Minister;
the Secretary;
an authorised officer;
an officer or employee of the Department;
the CEO;
a member of the staff of NEPA referred to in section 53 of the National Environmental Protection Agency Act 2025.
Relationship to section 183
Subsection (1) is subject to section 183 (compensation for acquisition of property).
This Act’s bill:Explanatory memorandumSecond reading speech
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