198Protection of officials from liability

198 Protection of officials from liability (1) In this section: official means— (a) the commissioner; or (b) an assistant commissioner; or (c) an inspector or investigator; or (d) a member of an emergency service; or (e) anyone else exercising a function under this Act. (2) An official is not personally liable for anything done or omitted to be done honestly and without recklessness— (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the conduct was in the exercise of a function under this Act. (3) Any liability that would, apart from this section, attach to an official attaches instead to the Territory.

(4) For subsection (1) (e), and without limiting it, a person is taken to be exercising a function under this Act if the person is— (a) a member of an interstate or overseas emergency service to which section 64 (Interstate and overseas emergency services) applies; or (b) engaged in an activity under a cooperative arrangement; or (c) an emergency services support volunteer; or (d) a casual volunteer taking part in an activity under section 59D (Casual volunteers); or (e) giving reasonable assistance as required by a chief officer under section 34 (1) (o) (General powers of chief officers); or (f) a person who— (i) is, or has been, a member of the ambulance service quality assurance committee; or (ii) acted under the direction of a person who is, or was at the time, a member of the ambulance service quality assurance Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).