Protection from personal liability
61 Protection from personal liability
In this section, a reference to the doing of anything includes a reference to the omission to do anything.
An action in tort does not lie against a person (except a contractor or a subcontractor) for anything that the person has done, in good faith —
when performing or purporting to perform a function under this Act; or
in assisting a person to perform or purportedly perform a function under this Act.
The protection given by subsection (2) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted.
Despite subsection (2), the State, a contractor or a subcontractor is not relieved of any liability that the State, the contractor or the subcontractor might have for another person having done something as described in that subsection.
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