Queensland Consolidated Acts

FARM BUSINESS DEBT MEDIATION ACT 2017 - SECT 84

84 Protection from liability

(1) A mediator does not incur civil liability for engaging, or for the result of engaging, in conduct under this Act.

(2) A person acting under the direction of a mediator does not incur civil liability for engaging, or for the result of engaging, in conduct in connection with acting under the direction.

(3) If subsection (1) or (2) prevents civil liability attaching to a mediator or other person, liability attaches instead to the State.

(4) If liability attaches to the State under subsection (3) , the State may recover a contribution from the mediator or other person, but only if the conduct was engaged in—

(a) other than in good faith; and

(b) with gross negligence.

(5) In a proceeding under subsection (4) to recover a contribution, the amount of the contribution recoverable is the amount found by the court to be just and equitable in the circumstances.

(6) This section does not apply to a person who is a prescribed person under the Public Sector Act 2022 , section 267 engaging in conduct in an official capacity under section 269 of that Act.

Note—

For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .

(7) In this section—

"civil liability" includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.

"conduct" means an act or an omission to perform an act.

"engage in conduct under this Act" means engage in conduct as part of, or otherwise in connection with, a person’s role, as a mediator, under this Act, including, for example, engaging in conduct under or purportedly under this Act.