sec.35Exoneration from liability

sec.35 Exoneration from liability

No matter or thing done or omitted to be done by— a mediator; or a director or a member of the staff of a dispute resolution centre; if the matter or thing is done in good faith for the purpose of executing this Act, subjects any of them to any action, liability, claim or demand. A police officer, or any other officer or person, is not liable to be proceeded against in respect of— failure to charge a person with an offence or to initiate or proceed with proceedings for an offence, or any similar failure; or the arrest of a person followed by such a failure; or failure to offer evidence at the hearing of a charge referred to in paragraph (a) ; if the failure is reasonable— by reason of the reference of the dispute to which the alleged offence relates for mediation under this Act or by reason of an agreement reached by the parties to a dispute so referred; and in all the circumstances of the case. In subsection (2) — offence does not include an offence constituted wholly or partly by domestic violence within the meaning of the Domestic and Family Violence Protection Act 2012 . Nothing in this Act prevents a charge referred to in subsection (2) (a) from being laid or any proceedings so referred to from being instituted or proceeded with, or any evidence being offered in relation to such a charge, or any incidental act, matter or thing from being done by any person at any time. No person is to be concerned to inquire whether or not any circumstance has arisen requiring or authorising a person to act in the office of a director, and anything done or omitted to be done by that person while so acting is as valid and effectual and has the same consequences as if it had been done or omitted to be done by that director. s 35 amd 2002 No. 6 s 53 sch 2 ; 2013 No. 35 s 54 ; 2016 No. 51 s 73 sch 1 (sec.35-ssec.1) No matter or thing done or omitted to be done by— a mediator; or a director or a member of the staff of a dispute resolution centre; if the matter or thing is done in good faith for the purpose of executing this Act, subjects any of them to any action, liability, claim or demand. (sec.35-ssec.2) A police officer, or any other officer or person, is not liable to be proceeded against in respect of— failure to charge a person with an offence or to initiate or proceed with proceedings for an offence, or any similar failure; or the arrest of a person followed by such a failure; or failure to offer evidence at the hearing of a charge referred to in paragraph (a) ; if the failure is reasonable— by reason of the reference of the dispute to which the alleged offence relates for mediation under this Act or by reason of an agreement reached by the parties to a dispute so referred; and in all the circumstances of the case. (sec.35-ssec.3) In subsection (2) — offence does not include an offence constituted wholly or partly by domestic violence within the meaning of the Domestic and Family Violence Protection Act 2012 . (sec.35-ssec.4) Nothing in this Act prevents a charge referred to in subsection (2) (a) from being laid or any proceedings so referred to from being instituted or proceeded with, or any evidence being offered in relation to such a charge, or any incidental act, matter or thing from being done by any person at any time. (sec.35-ssec.5) No person is to be concerned to inquire whether or not any circumstance has arisen requiring or authorising a person to act in the office of a director, and anything done or omitted to be done by that person while so acting is as valid and effectual and has the same consequences as if it had been done or omitted to be done by that director.