Commonwealth Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT ACT 2005 No. 113, 2005 - SECT 77

ABC Commissioner etc. not liable for conduct in good faith
(1)
No one is liable to civil proceedings for loss, damage or injury of any kind suffered by another person as a result of anything done, or omitted to be done, in good faith and without negligence:

(a) by a protected person in the exercise, or purported exercise, of functions, powers or duties under, or in relation to, this Act; or
(b) by a protected person in the exercise, or purported exercise, of functions, powers or duties under, or in relation to, the Workplace Relations Act , where the exercise, or purported exercise, of the function, power or duty relates to a matter that involves:
(i) a building industry participant; or
(ii) building work.

(2)
In this section:

"protected person" means any of the following:

(a) the ABC Commissioner;
(b) a Deputy ABC Commissioner;
(c) an ABC Inspector;
(d) a person assisting the ABC Commissioner as mentioned in subsection 25(1);
(e) a person engaged as a consultant under subsection 25(3);
(f) the Federal Safety Commissioner;
(g) a Federal Safety Officer;
(h) an APS employee assisting the Federal Safety Commissioner;
(i) a person engaged as a consultant under section 34;
(j) the Industrial Registrar;
(k) a person acting under a delegation under this Act from a person covered by any of the above paragraphs.


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