Protection from liability
145 Protection from liability
An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act, the Guardianship Act or the Powers of Attorney Act.
If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.
However, no-one, including the State, is liable for an honest report by a community visitor under section 47 or 70.
In this section—
official means—
the Minister; or
a community visitor; or
a person consulted or employed by the public guardian; or
a person acting under the direction of the public guardian or a member of the public guardian’s staff.
This Act’s bill:Explanatory memorandumSecond reading speech
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