QLDIn ForceAct
Forestry Act 1959
sec.96EProtection of State officials and the State from liability
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### sec.96E Protection of State officials and the State from liability
A State official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.
See the Queensland Future Fund (Titles Registry) Act 2021 , section 45 in relation to protection from liability for employees of the titles registry operator.
If subsection (1) prevents a civil liability attaching to a State official, the liability attaches instead to the State.
Also, the State or a State official is not civilly liable in a designated proceeding for an act done, or omission made, in—
the performance or purported performance of a function under this Act; or
the exercise or purported exercise of a power under this Act; or
the management or operation of a State forest or timber reserve.
This section is subject to section 96G .
In this section—
damages includes any form of monetary compensation.
designated proceeding means a proceeding for damages based on a liability for personal injury, damage to property or economic loss resulting from personal injury or damage to property, and, for a fatal injury, includes a proceeding for the deceased’s dependants or estate.
personal injury see the Civil Liability Act 2003 , schedule 2 .
State official means—
the Minister; or
the chief executive; or
the registrar of titles; or
a forest officer; or
a public service employee or another employee of the State; or
a person acting, on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses), under the direction of a person mentioned in any of paragraphs (a) to (e) .
s 96E ins 2010 No. 12 s 69
sub 2013 No. 55 s 14
amd 2021 No. 12 s 72
(sec.96E-ssec.1) A State official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. See the Queensland Future Fund (Titles Registry) Act 2021 , section 45 in relation to protection from liability for employees of the titles registry operator.
(sec.96E-ssec.2) If subsection (1) prevents a civil liability attaching to a State official, the liability attaches instead to the State.
(sec.96E-ssec.3) Also, the State or a State official is not civilly liable in a designated proceeding for an act done, or omission made, in— the performance or purported performance of a function under this Act; or the exercise or purported exercise of a power under this Act; or the management or operation of a State forest or timber reserve.
(sec.96E-ssec.4) This section is subject to section 96G .
(sec.96E-ssec.5) In this section— damages includes any form of monetary compensation. designated proceeding means a proceeding for damages based on a liability for personal injury, damage to property or economic loss resulting from personal injury or damage to property, and, for a fatal injury, includes a proceeding for the deceased’s dependants or estate. personal injury see the Civil Liability Act 2003 , schedule 2 . State official means— the Minister; or the chief executive; or the registrar of titles; or a forest officer; or a public service employee or another employee of the State; or a person acting, on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses), under the direction of a person mentioned in any of paragraphs (a) to (e) .
- (a) the performance or purported performance of a function under this Act; or
- (b) the exercise or purported exercise of a power under this Act; or
- (c) the management or operation of a State forest or timber reserve.
- (a) the Minister; or
- (b) the chief executive; or
- (c) the registrar of titles; or
- (d) a forest officer; or
- (e) a public service employee or another employee of the State; or
- (f) a person acting, on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses), under the direction of a person mentioned in any of paragraphs (a) to (e) .