QLDIn ForceAct
City of Brisbane Act 2010
sec.216Administrators who act honestly and without negligence are protected from liability
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### sec.216 Administrators who act honestly and without negligence are protected from liability
A State administrator or council administrator is not civilly liable for an act done under this Act or the Local Government Electoral Act 2011 , or omission made under this Act, honestly and without negligence.
A State administrator is—
the Minister; or
the department’s chief executive; or
an authorised officer; or
a member of the change commission; or
a member of the grants commission; or
a person acting under the direction of a person mentioned in paragraph (a) , (b) or (c) .
A council administrator is—
a councillor; or
the chief executive officer; or
an authorised person; or
another council employee.
If subsection (1) prevents civil liability attaching to a State administrator, liability attaches instead to the State.
If subsection (1) prevents civil liability attaching to a council administrator, liability attaches instead to the council.
The protection given under this section is in addition to any other protection given under another law or Act, including, for example, the Public Interest Disclosure Act 2010 and the Public Sector Act 2022 .
For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .
s 216 amd 2010 No. 38 s 78 sch 3 ; 2012 No. 33 s 62 ; 2014 No. 44 s 5 ; 2019 No. 30 s 37 ; 2022 No. 34 s 365 sch 3
(sec.216-ssec.1) A State administrator or council administrator is not civilly liable for an act done under this Act or the Local Government Electoral Act 2011 , or omission made under this Act, honestly and without negligence.
(sec.216-ssec.2) A State administrator is— the Minister; or the department’s chief executive; or an authorised officer; or a member of the change commission; or a member of the grants commission; or a person acting under the direction of a person mentioned in paragraph (a) , (b) or (c) .
(sec.216-ssec.3) A council administrator is— a councillor; or the chief executive officer; or an authorised person; or another council employee.
(sec.216-ssec.4) If subsection (1) prevents civil liability attaching to a State administrator, liability attaches instead to the State.
(sec.216-ssec.5) If subsection (1) prevents civil liability attaching to a council administrator, liability attaches instead to the council.
(sec.216-ssec.6) The protection given under this section is in addition to any other protection given under another law or Act, including, for example, the Public Interest Disclosure Act 2010 and the Public Sector Act 2022 . For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .
- (a) the Minister; or
- (b) the department’s chief executive; or
- (c) an authorised officer; or
- (d) a member of the change commission; or
- (e) a member of the grants commission; or
- (f) a person acting under the direction of a person mentioned in paragraph (a) , (b) or (c) .
- (a) a councillor; or
- (b) the chief executive officer; or
- (c) an authorised person; or
- (d) another council employee.