Protection from liability
199 Protection from liability
(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as any of the following:
a correctional services officer;
an official visitor;
a volunteer;
an authorised person.
(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.
(3) An authorised person who performs a relevant function that the person is authorised to perform, is taken, for all purposes, to have done so with the consent of the person in respect of whom the function is performed.
In this section:
authorised person means a health practitioner or other person authorised to perform a relevant function.
exercise, of a power, includes the purported exercise of the power.
performance, of a function, includes the purported performance of the function.
relevant function means one of the following:
examining a prisoner under section 92 or 93;
providing health care under section 92;
administering medication under section 93;
carrying out a search under section 48 or 50;
(e) doing any of the following in relation to a prescribed alcohol/drug test or buccal swab under section 52:
taking a sample;
carrying out a test;
analysing a sample;
a function prescribed by regulation.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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