sec.39Protecting officials from liability

sec.39 Protecting officials from liability

An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State. In this section— official means any of the following when performing a function or exercising a power under this Act— the Minister; a member of an advisory council. 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 39 amd 2022 No. 34 s 365 sch 3 (sec.39-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. (sec.39-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State. (sec.39-ssec.3) In this section— official means any of the following when performing a function or exercising a power under this Act— the Minister; a member of an advisory council. 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 39 amd 2022 No. 34 s 365 sch 3

• (a) the Minister;
• (b) a member of an advisory council.