55Liability for death or injury resulting from performing functions, &c., under this Act

55 Liability for death or injury resulting from performing functions, &c., under this Act

(1)  The Crown is liable in tort in respect of the death of or injury to a person other than an emergency management worker, subject to the defences and other incidences ordinarily applicable in proceedings in tort, if the death or injury is a result of an emergency management worker, the State Committee, a Regional Committee, a Municipal Committee or another person –

(a) failing to perform or exercise a function or power imposed or conferred by or under this Act; or

(b) improperly performing or exercising a function or power imposed or conferred by or under this Act; or

(c) contravening a provision of this Act or the regulations that prohibits the doing of any act; or

(d) performing or exercising, or purportedly performing or exercising, any function or other power under this Act.

(2)  Despite subsection (1) , the Crown is not liable in tort in respect of the death of or injury to a person if the death or injury is attributable wholly or partly to an act or omission by an emergency management worker while –

(a) exercising, or purportedly exercising, an emergency power or special emergency power; or

(b) undertaking, or purportedly undertaking, rescue and retrieval operations.

(3)  An award against the Crown under proceedings taken under subsection (1) is payable out of money provided by Parliament for the purpose.