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CHILD PROTECTION (WORKING WITH CHILDREN) ACT 2012 - SECT 43
Protection of persons relating to child-related work
43 Protection of persons relating to child-related work
(1) Anything done or omitted to be done by a person in good faith and with
reasonable care-- (a) for the purpose of the determination of an application
for a working with children check clearance or an assessment of the holder of
a clearance, or
(b) for the purpose of exercising a function under this Act,
does not subject the person to any action, liability, claim or demand.
(2)
Without limiting subsection (1)-- (a) a person has qualified privilege in
proceedings for defamation in respect of anything done or omitted to be done
by the person for the purposes of the determination of an application for a
clearance or an assessment or otherwise exercising a function under this Act,
and
(b) damages or compensation (whether for breach of contract or otherwise)
are not payable in respect of a decision not to grant a clearance or to cancel
a clearance, or to impose an interim bar, as a result of an assessment carried
out in good faith and with reasonable care for the purposes of this Act or a
review application.
(3) This section does not limit or affect any other
right, privilege or immunity that a person has as a defendant in any
proceedings.
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