Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 114

114 Protection

(1) Neither the State, the commissioner nor a relevant officer of the commission incurs any civil liability for an honest act or omission, other than a public interest act, in the performance or purported performance of functions under this Act or the Building Act 1975 .

(1A) A relevant entity does not incur any civil liability for an honest act or omission in the performance or purported performance of functions under the Plumbing and Drainage Act 2018 .

(2) A civil liability that would, apart from subsection (1) or (1A) , attach to an entity other than the commission attaches instead to the commission.

(3) Neither the State, the Minister, the commission nor a relevant officer of the commission incurs any liability for a public interest act.

(4) This section does not affect the liability of a person other than the commission to disciplinary action under the conditions of the person’s employment.

(5) In this section—

"public interest act" means—

(a) a disclosure or publication made by or for the commissioner in issuing a warning under section 20J (1) (i) , or publishing information under section 20J (1) (k) , about—

(i) building work; or

(ii) the commercial or business reputation of any person associated with building work; or

(iii) the quality or standard of building work performed by any person; or

(iv) a building product being a non-conforming building product for a particular use; or

(v) the commercial or business reputation of a person in the chain of responsibility for a building product; or

(vi) a contravention or alleged contravention of this Act or the operation or enforcement of this Act; or

(b) a disclosure or publication made by or for the Minister in publishing a warning statement under section 74AZC ; or

(c) an act done by or for the Minister in relation to a recall order under section 74AW .

"relevant entity" means any of the following entities—

(a) the State;

(b) the commissioner;

(c) a relevant officer of the commission;

(d) a member, deputy member or temporary member of the Service Trades Council.