Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 454B

454B Protecting prescribed persons from civil liability for asbestos-related harm

(1) A prescribed person is not civilly liable for official conduct engaged in by the person that gives rise to asbestos-related harm.

(2) If subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches instead to the relevant local government.

(3) If liability attaches to a local government under subsection (2) , the local government may recover contribution from the prescribed person but only if the official conduct was engaged in—

(a) other than in good faith; and

(b) with gross negligence.

(4) In a proceeding under subsection (3) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.