Queensland Consolidated Acts

PUBLIC HEALTH ACT 2005 - SECT 454C

454C Indemnifying local government against civil liability for asbestos-related harm

(1) A local government is indemnified by the State against any civil liability for official conduct of a prescribed person that gives rise to asbestos-related harm, including liability that attaches to the local government under section 454B (2) .

(2) However, subsection (1) applies only if the local government has reasonably complied with the indemnity conditions in relation to each asbestos-related event to which the official conduct relates.

(3) The onus of proving the local government has reasonably complied with the indemnity conditions is on the local government.

(4) For the purposes of subsection (1) , the State is subrogated to the rights of the local government in relation to the civil liability.

(5) For the purposes of subsection (4) , the State may manage and control any proceedings started against the local government in relation to the civil liability.