South Australian Numbered Acts

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SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011 (NO 21 OF 2011) - SECT 102

102—Immunity

        (1)         No personal liability attaches to—

            (a)         the Chief Public Health Officer or Chief Executive; or

            (b)         a member of a body constituted under this Act; or

            (c)         an authorised officer or any other person engaged in the administration of this Act,

for an honest act or omission in the performance, exercise or discharge, or purported performance, exercise or discharge, of a function, power or duty under this Act.

        (2)         Subject to subsection (3), a liability that would, but for subsection (1), lie against a person lies instead against the Crown.

        (3)         A liability that would, but for subsection (1), lie against an officer, employee, agent or contractor of a council lies instead against the council.

        (4)         In addition, no action lies against a person (or an employer or contracting party with respect to a person) who in good faith and with reasonable care—

            (a)         takes a sample of blood, urine or other material in accordance with this Act; or

            (b)         conducts a test for the purposes of this Act; or

            (c)         provides a report about any test results under this Act.



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