136Immunity of members of the Board

136 Immunity of members of the Board

(1) A judicial member or appointed member of the Board is not personally liable for anything necessarily or reasonably 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 the regulations; 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 or the regulations.

(2) Any liability resulting from an act or omission that would, but for subsection (1), attach to the judicial member or appointed member of the Board attaches instead to the Judicial Commission.

(3) When exercising a power or performing a function under this Act or the regulations in a member's capacity as a judicial member of the Board, a judicial member of the Board has the same immunity and protection that would apply to the member in the performance or exercise of an administrative function or power conferred on the member in their capacity as a judge, magistrate, coroner or judicial member of VCAT (as the case may be).

See section 24D of the Supreme Court Act 1986, section 9A of the County Court Act 1958, section 14 of the Magistrates' Court Act 1989, section 512 of the Children, Youth and Families Act 2005, section 101(1) of the Coroners Act 2008 and section 143(1) of the Victorian Civil and Administrative Tribunal Act 1998.