Protection from liability
349 Protection from liability
An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.
A board member does not incur civil liability for an act done, or omission made honestly, with or without negligence, under this Act.
If subsection (1) or (2) prevents a civil liability attaching to an official or board member, the liability attaches instead to the State.
In this section—official—
means—
the Minister; or
the chief executive; or
a person, other than a board member, appointed for this Act; or
a volunteer; or
a protected defendant mentioned in section 319A, definition protected defendant, paragraph (b) to (e) performing a function under chapter 6, part 12B; or
the public trustee performing a function under chapter 6, part 12B; or
an individual employed or engaged by an entity mentioned in subparagraph (v) or (vi) performing a function under chapter 6, part 12B; or
a person performing a function under section 319U(1); but
does not include an engaged service provider, or person appointed by an engaged service provider, performing a function of a person mentioned in paragraph (a).
This Act’s bill:Explanatory memorandum
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