26CAct or omission of offender engaged in community service work

26C Act or omission of offender engaged in community service work

26C Act or omission of offender engaged in community service work

(1) No act or omission of a person that occurs in the course of the person’s performance of community service work under a children’s community service order gives rise to any civil liability on the part of the person for whom the community service work is performed.

(2) A civil action that would, but for subsection (1), lie against the person for whom the community service work is performed lies instead against the Crown.

(3) Subsections (1) and (2) do not have effect if—

(a) the community service work concerned was not community service work approved by the Secretary, or

(b) the act or omission concerned was, or was a necessary part of, an act or omission that was expressly required by the person for whom the community service work was performed but was neither approved nor required by the Secretary.

ss 26B–26D: Ins 1997 No 5, Sch 4 [1]. Am 2008 No 54, Sch 2.1 [9].