Emergency Management Act 2005

An action in tort does not lie against the State, a Minister, the State Emergency Coordinator, a local government or an official for anything done, in good faith, under this Act.

This section does not stop a person further limiting the person’s liability for an act or omission by relying on a provision of the Civil Liability Act 2002.

Subsection (1) does not affect any right to recover damages in respect of the death of or bodily injury to any person directly caused by, or by the driving of, a motor vehicle if, at the time of the death or bodily injury —

the vehicle was owned or was being driven by a person who, but for subsection (1), would incur liability in respect of the death or injury; and

there was in force in respect of the vehicle a contract of insurance in accordance with the Motor Vehicle (Third Party Insurance) Act 1943 section 4 or the corresponding legislation of a State or Territory prescribed for the purposes of section 3(4) of that Act.

The protection given by this section applies even though the thing done in the performance or purported performance of a function under this Act may have been capable of being done whether or not this Act had been enacted.

In this section a reference to the doing of anything includes a reference to the omission to do anything.

In this section —

a member of the State Disaster Council, the State Emergency Management Committee, the State Emergency Coordination Group, a district emergency management committee or local emergency management committee;

an authorised officer;

a district emergency coordinator;

a local emergency coordinator;

an emergency management agency;

a hazard management officer;

a person acting under the direction or on the requirement of an authorised officer, a hazard management officer, or a police officer, under this Act.