Queensland Consolidated Acts

SUMMARY OFFENCES ACT 2005 - SECT 32

32 Protection of owners of a place for entry of graffiti removal officers and others

(1) This section applies if a person (the
"owner" )—

(a) under the law, because he or she is the owner of a place, owes a duty of care to a graffiti removal officer, and any helper, who enters the place under this part; and

(b) is, apart from subsection (2) , civilly liable in relation to the death of or injury to the officer or helper because of a breach of the duty.

(2) Instead of the liability attaching to the owner, the liability attaches instead to—

(a) if the deceased or injured person was or is a State graffiti removal officer or a helper of the officer—the State; or

(b) if the deceased or injured person was or is a local graffiti removal officer or a helper of the officer—the local government that appointed the officer.

(3) However, if the breach of duty amounts to gross negligence, the State or local government may recover from the owner as a debt any damages, including costs, paid by the State or local government under subsection (2) .