Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) No civil action, suit or proceeding lies against:
(a) the Commonwealth; or
(b) a person (a protected person ) covered by an item of the following table;
in respect of loss, damage or injury of any kind suffered by another person as a result of anything done, or omitted to be done, by a protected person in relation to a matter mentioned in the relevant item:
Immunity from civil actions relating to mitochondrial donation licences | ||
Item | Protected persons | Protected matters |
1 | any of the following persons: (a) the Minister; (b) the Secretary; (c) a person to whom powers or functions are delegated under subsection 29A(8); (d) an inspector; (e) an officer or employee of the Department; (f) a member of the NHMRC Licensing Committee; (g) the CEO or an employee of the NHMRC; (h) a member of a HREC | the performance or purported performance, or the exercise or purported exercise, of the person's functions, duties or powers under the following in so far as they relate to mitochondrial donation licences: (a) this Act or a legislative instrument made under it; (b) the Prohibition of Human Cloning for Reproduction Act 2002 or a legislative instrument made under that Act |
2 | a person who the NHMRC Licensing Committee requests, or purportedly requests, to provide advice as mentioned in subsection 28J(4) or 28P(5A) | the provision, or purported provision, by the person of advice in response to such a request |
3 | a person who gives, or purportedly gives, information to the Secretary in accordance with paragraph 28R(5)(b) | the giving, or purported giving, of the information by the person |
(2) Subsection (1) does not apply to an act or omission in bad faith.
(3) A reference in subsection (1) to anything omitted to be done includes a reference to a failure to make a decision.
(4) Subsection (1) is subject to section 40 (compensation for damage).