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s 77F

Limitation of liability

In force
Part 5ARestrictions on single person attendances in remote areas
Division 2Restrictions on single person attendances in remote areas

77F Limitation of liability

(1)

Despite any other Act or law, no liability attaches to the Crown for any loss or damage arising out of the operation of this Part.

(2)

A health practitioner or other person who complies with the requirements of this Part (including, to avoid doubt, a health practitioner who refuses to attend a callout to which Division 2 applies in the absence of a second responder)—

(a)

cannot, by virtue of doing so, be held to have breached any code of professional etiquette or ethics, or to have departed from any accepted form of professional conduct; and

(b)

to the extent that the health practitioner or person has acted in good faith and without negligence, incurs no civil liability in respect of such compliance (including, to avoid doubt, liability arising under disciplinary or similar proceedings).

(3)

For the purposes of section 74 of the Public

Sector Act 2009, a second responder, in relation to their role as a second responder—

(a)

will be taken to be a person to whom that section applies; and

(b)

will be taken to be exercising official powers or functions.

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