Australian Capital Territory Current Acts

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 878

    (1)     In this section:

"official" means—

        (a)     the director-general; or

        (b)     a person who is exercising, or has exercised, a function under this Act; or

        (c)     a person who is, or has been, engaged in the administration of this Act.

Note     An official visitor exercising a function under this Act is protected from civil liability by the Official Visitor Act 2012

, s 24.

    (2)     An official, or anyone engaging in conduct under the direction of an official, is not civilly liable for conduct engaged in honestly and without recklessness—

        (a)     in the exercise of a function under this Act; or

        (b)     in the reasonable belief that the conduct was in the exercise of a function under this Act.

    (3)     Any liability that would, apart from this section, attach to an official attaches instead to the Territory.

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).