Protection from liability for wrongdoing
135 Protection from liability for wrongdoing
An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under a road law.
The Minister to whom the administration of a particular road law is for the time being committed by the Governor, the CEO, the Commissioner of Police, the Commissioner for Main Roads, and the Crown are also relieved of any liability that any of them might otherwise have had for another person having done anything as described in subsection (1).
A local government is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1) in relation to a function of a local government under section 11, 139 or 141.
The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted.
Subsection (1) does not relieve a contractor of any liability that the contractor might otherwise have for anything done or omitted to be done, as described in that subsection, by the contractor or another person.
In subsection (5) —
contractor means a person who has entered into a contract with the Commissioner of Police under the Road Traffic Act 1974 section 78D.
In this section, a reference to the doing of anything includes a reference to an omission to do anything.
This Act’s bill:Explanatory memorandumSecond reading speech
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