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Health Practitioner Regulation National Law Act 2009
sec.236Protection from personal liability for persons exercising functions
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### sec.236 Protection from personal liability for persons exercising functions
A protected person is not personally liable for anything done or omitted to be done in good faith—
in the exercise of a function under this Law; or
in the reasonable belief that the act or omission was the exercise of a function under this Law.
Any liability resulting from an act or omission that would, but for subsection (1) , attach to a protected person attaches instead to the National Agency.
In this section—
protected person means any of the following—
a member of the Agency Board;
a member of a National Board or a committee of the National Board;
a member of an external accreditation entity;
a member of the staff of the National Agency;
a consultant or contractor engaged by the National Agency;
a person appointed by the National Agency to conduct an examination or assessment for a National Board;
a person employed or engaged by an external accreditation entity to assist it with its accreditation function.
sch s 236 amd 2022 No. 22 ss 40, 48
(sec.236-ssec.1) A protected person is not personally liable for anything done or omitted to be done in good faith— in the exercise of a function under this Law; or in the reasonable belief that the act or omission was the exercise of a function under this Law.
(sec.236-ssec.2) Any liability resulting from an act or omission that would, but for subsection (1) , attach to a protected person attaches instead to the National Agency.
(sec.236-ssec.3) In this section— protected person means any of the following— a member of the Agency Board; a member of a National Board or a committee of the National Board; a member of an external accreditation entity; a member of the staff of the National Agency; a consultant or contractor engaged by the National Agency; a person appointed by the National Agency to conduct an examination or assessment for a National Board; a person employed or engaged by an external accreditation entity to assist it with its accreditation function.
- (a) in the exercise of a function under this Law; or
- (b) in the reasonable belief that the act or omission was the exercise of a function under this Law.
- (b) a member of the Agency Board;
- (c) a member of a National Board or a committee of the National Board;
- (d) a member of an external accreditation entity;
- (e) a member of the staff of the National Agency;
- (f) a consultant or contractor engaged by the National Agency;
- (g) a person appointed by the National Agency to conduct an examination or assessment for a National Board;
- (h) a person employed or engaged by an external accreditation entity to assist it with its accreditation function.