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s 307

Protection from liability

In force
Chapter 10Miscellaneous provisions

307 Protection from liability

(1)

This section applies to each of the following persons (a relevant person)—

(a)

the Minister;

(b)

the chief executive;

(c)

an officer or employee of the department;

(d)

the chief executive officer of a local government;

(e)

an officer or employee of a local government;

(f)

an authorised person;

(g)

a person helping an authorised person at the authorised person’s direction.

(2)

A relevant person is not civilly liable to someone for an act done, or an omission made, honestly and without negligence under this Act.

(3)

If subsection (1) prevents a civil liability attaching to a relevant person, the liability attaches instead to—

(a)

for a relevant person mentioned in subsection (1)(a), (b) or (c), an authorised person appointed by the chief executive or a person helping the authorised person at the authorised person’s direction—the State; or

(b)

for a relevant person mentioned in subsection (1)(d) or (e), an authorised person appointed by the chief executive officer of a local government or a person helping the authorised person at the authorised person’s direction—the local government.

(4)

In this section—civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.

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