Health Complaints Act 2016
122Protection from liability for Commissioner and Assistant Commissioners
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122 Protection from liability for Commissioner and Assistant Commissioners
(1) The Commissioner or an Assistant Commissioner is not personally liable for anything done or omitted to be done in good faith—
(a) in the exercise of a power or the performance of a function under this Act; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function under this Act.
(2) Any liability resulting from an act or omission that, but for subsection (1), would attach to the Commissioner or Assistant Commissioner attaches instead to the State.
(3) Nothing in this section derogates from the protection for the Commissioner or an Assistant Commissioner under section 74.
S. 122(4) inserted by No. 4/2018 s. 26.
(4) In this section, Commissioner includes a person appointed to act as the Commissioner under section 114.
Division 3—Performance of the Commissioner