Australian Capital Territory Numbered Acts

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WORKING WITH VULNERABLE PEOPLE (BACKGROUND CHECKING) ACT 2011 (NO. 44 OF 2011) - SECT 64

Protection from liability

    (1)     An official is not civilly liable for anything done or omitted to be done honestly and without recklessness—

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

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

    (2)     Any civil liability that would, apart from subsection (1), attach to an official attaches instead to the Territory.

    (3)     In this section:

"official" means—

        (a)     the commissioner; or

        (b)     an independent advisor; or

        (c)     a person authorised under this Act by the commissioner to do or not to do a thing.

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).



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