sec.96GException to protections against designated proceeding

### sec.96G Exception to protections against designated proceeding This section applies if, other than for this section, an entity would not be civilly liable for an act or omission because of section 96E (3) or 96F (3) (the protection ). The protection does not apply to liability— arising from the entity’s— construction, installation or maintenance of a relevant fixture, or a road, that is defective other than because of a natural event; or failure to give adequate notice of a relevant fixture, or a road, that is defective other than because of a natural event; or carrying out of a non-exempt activity; or a storm, flood, period of heavy rain for an MAIA injury incurred by the entity as an insured person; or for an injury for which compensation is payable under the Workers’ Compensation and Rehabilitation Act 2003 (the WCA ) incurred by the entity in the entity’s capacity as an employer. For subsection (2) (c) , the following is immaterial— whether compensation for the injury is actually claimed under the WCA; whether the entitlement to seek damages as defined under section 96E for the injury is regulated under the WCA. In this section— compensation see the WCA , section 9 . defective includes damaged or destroyed. insured person see the Motor Accident Insurance Act 1994 (the MAIA ), section 4 . MAIA injury means a personal injury as defined under section 96E to which the MAIA applies. non-exempt activity means the following— if the entity is the State or a State official, an activity (a programmed activity ) that is the programmed— shooting or poisoning of animals; or burning or poisoning of vegetation; if the entity is a plantation licensee or plantation official— a programmed activity conducted by or for a plantation licensee; or an activity related to plantation forestry. relevant fixture means a building, structure or other thing constructed or installed by or for the following— if the entity is the State or a State official—the State; if the entity is a plantation licensee or plantation official—a plantation licensee. a lookout or boardwalk a stairway a fence or other barrier the following and anything else used for a recreational purpose— a flying fox ride or zipline ride a rope or swing over a river or waterhole a ramp or jump on a mountain bike trail an anchor point for rock climbing road — generally—see the Transport Operations (Road Use Management) Act 1995 , schedule 4 ; and if the entity is the State or a State official—includes a State-controlled road as defined under the Transport Infrastructure Act 1994 , schedule 6 . s 96G ins 2013 No. 55 s 14 (sec.96G-ssec.1) This section applies if, other than for this section, an entity would not be civilly liable for an act or omission because of section 96E (3) or 96F (3) (the protection ). (sec.96G-ssec.2) The protection does not apply to liability— arising from the entity’s— construction, installation or maintenance of a relevant fixture, or a road, that is defective other than because of a natural event; or failure to give adequate notice of a relevant fixture, or a road, that is defective other than because of a natural event; or carrying out of a non-exempt activity; or a storm, flood, period of heavy rain for an MAIA injury incurred by the entity as an insured person; or for an injury for which compensation is payable under the Workers’ Compensation and Rehabilitation Act 2003 (the WCA ) incurred by the entity in the entity’s capacity as an employer. (sec.96G-ssec.3) For subsection (2) (c) , the following is immaterial— whether compensation for the injury is actually claimed under the WCA; whether the entitlement to seek damages as defined under section 96E for the injury is regulated under the WCA. (sec.96G-ssec.4) In this section— compensation see the WCA , section 9 . defective includes damaged or destroyed. insured person see the Motor Accident Insurance Act 1994 (the MAIA ), section 4 . MAIA injury means a personal injury as defined under section 96E to which the MAIA applies. non-exempt activity means the following— if the entity is the State or a State official, an activity (a programmed activity ) that is the programmed— shooting or poisoning of animals; or burning or poisoning of vegetation; if the entity is a plantation licensee or plantation official— a programmed activity conducted by or for a plantation licensee; or an activity related to plantation forestry. relevant fixture means a building, structure or other thing constructed or installed by or for the following— if the entity is the State or a State official—the State; if the entity is a plantation licensee or plantation official—a plantation licensee. a lookout or boardwalk a stairway a fence or other barrier the following and anything else used for a recreational purpose— a flying fox ride or zipline ride a rope or swing over a river or waterhole a ramp or jump on a mountain bike trail an anchor point for rock climbing road — generally—see the Transport Operations (Road Use Management) Act 1995 , schedule 4 ; and if the entity is the State or a State official—includes a State-controlled road as defined under the Transport Infrastructure Act 1994 , schedule 6 . - (a) arising from the entity’s— (i) construction, installation or maintenance of a relevant fixture, or a road, that is defective other than because of a natural event; or (ii) failure to give adequate notice of a relevant fixture, or a road, that is defective other than because of a natural event; or (iii) carrying out of a non-exempt activity; or Examples of a natural event— a storm, flood, period of heavy rain - (i) construction, installation or maintenance of a relevant fixture, or a road, that is defective other than because of a natural event; or - (ii) failure to give adequate notice of a relevant fixture, or a road, that is defective other than because of a natural event; or - (iii) carrying out of a non-exempt activity; or - (b) for an MAIA injury incurred by the entity as an insured person; or - (c) for an injury for which compensation is payable under the Workers’ Compensation and Rehabilitation Act 2003 (the WCA ) incurred by the entity in the entity’s capacity as an employer. - (i) construction, installation or maintenance of a relevant fixture, or a road, that is defective other than because of a natural event; or - (ii) failure to give adequate notice of a relevant fixture, or a road, that is defective other than because of a natural event; or - (iii) carrying out of a non-exempt activity; or - (a) whether compensation for the injury is actually claimed under the WCA; - (b) whether the entitlement to seek damages as defined under section 96E for the injury is regulated under the WCA. - (a) if the entity is the State or a State official, an activity (a programmed activity ) that is the programmed— (i) shooting or poisoning of animals; or (ii) burning or poisoning of vegetation; - (i) shooting or poisoning of animals; or - (ii) burning or poisoning of vegetation; - (b) if the entity is a plantation licensee or plantation official— (i) a programmed activity conducted by or for a plantation licensee; or (ii) an activity related to plantation forestry. - (i) a programmed activity conducted by or for a plantation licensee; or - (ii) an activity related to plantation forestry. - (i) shooting or poisoning of animals; or - (ii) burning or poisoning of vegetation; - (i) a programmed activity conducted by or for a plantation licensee; or - (ii) an activity related to plantation forestry. - (a) if the entity is the State or a State official—the State; - (b) if the entity is a plantation licensee or plantation official—a plantation licensee. - • a lookout or boardwalk - • a stairway - • a fence or other barrier - • the following and anything else used for a recreational purpose— • a flying fox ride or zipline ride • a rope or swing over a river or waterhole • a ramp or jump on a mountain bike trail • an anchor point for rock climbing - • a flying fox ride or zipline ride - • a rope or swing over a river or waterhole - • a ramp or jump on a mountain bike trail - • an anchor point for rock climbing - • a flying fox ride or zipline ride - • a rope or swing over a river or waterhole - • a ramp or jump on a mountain bike trail - • an anchor point for rock climbing - (a) generally—see the Transport Operations (Road Use Management) Act 1995 , schedule 4 ; and - (b) if the entity is the State or a State official—includes a State-controlled road as defined under the Transport Infrastructure Act 1994 , schedule 6 .