Queensland Consolidated Acts

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 167

167 Protection from liability

(1) In this section—

"official" means—

(a) the Minister; and

(b) the chief executive; and

(c) the commissioner; and

(d) an authorised officer; and

(e) an accredited person; and

(ea) a relevant emergency service officer; and

(f) a person acting under the direction or authorisation of an authorised officer or a relevant emergency service officer; and

(g) an employee of the department of the police service; and

(h) a health care professional under section 80 acting under that section; and

(i) the chief executive officer, or an officer or employee, of a local government.

(2) An official is not civilly liable for an act done, or omission made, honestly and without negligence under a transport Act.

(3) If subsection (2) prevents civil liability attaching to an official, the liability attaches instead to—

(a) for a person mentioned in subsection (1) (a) to (h) —the State; or

(b) for a person mentioned in subsection (1) (i) —the local government.