Protection of officials from liability continues
72 Protection of officials from liability continues
The protection under a previous provision of a repealed Act or the amended Act that an official does not incur civil liability for an act done, or omission made, honestly and without negligence under the repealed Act or the amended Act continues under this Act if the protection applied to the official immediately before the commencement.
If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to—
if the official was the chief executive officer of a local government, an authorised person appointed by the chief executive officer of a local government or a person acting under the direction of an authorised person appointed by the chief executive officer of a local government—the local government; or
if the official was an employee of a pest operational board—the building authority for the barrier fence part that is in the same area as the declared pest fence the pest operational board built or maintained; or
otherwise—the State.
For this section, it does not matter what is the form of appointment or employment of a person who is a public service officer or public service employee.
In this section—civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against a repealed Act or the amended Act.official means—
the Minister; or
the chief executive; or
a chief executive officer; or
an authorised officer; or
a person acting under the direction of an authorised officer; or
a director of a pest operational board; or
an employee of a pest operational board; or
a person acting under the direction of an employee of a pest operational board; or
a public service officer or public service employee, including a public service officer or public service employee acting under the repealed Act or a previous provision of the amended Act in substantially the same or equivalent role as an auditor or accredited certifier under this Act.
pest operational board means a pest operational board under the amended Act, section 213.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.