sec.188ACompensation for loss or damage

### sec.188A Compensation for loss or damage This section applies if a person (the claimant ) suffers loss or damage because of— the incorrect creation of an indefeasible title in the name of another person; or incorrect registration; or an error in an indefeasible title or in the freehold land register; or reliance on the incorrect state of the freehold land register; or loss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or omission, mistake, breach of duty, negligence or misfeasance— of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or the exercise by the registrar of a power in relation to an application or dealing with which the person had no connection. The claimant is entitled to compensation from the State for the loss or damage. Despite anything in subsection (1) or (2) , the claimant is not entitled to compensation under this section for loss or damage caused by the incorrectness of a register kept by the registrar if the registrar may correct the register under section 15 . Subsection (3) does not limit the claimant’s rights to compensation otherwise than under subsections (1) and (2) . s 188A ins 1997 No. 28 s 295 sch 3 amd 2017 No. 10 s 42 sch 1 ; 2021 No. 12 s 106 (sec.188A-ssec.1) This section applies if a person (the claimant ) suffers loss or damage because of— the incorrect creation of an indefeasible title in the name of another person; or incorrect registration; or an error in an indefeasible title or in the freehold land register; or reliance on the incorrect state of the freehold land register; or loss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or omission, mistake, breach of duty, negligence or misfeasance— of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or the exercise by the registrar of a power in relation to an application or dealing with which the person had no connection. (sec.188A-ssec.2) The claimant is entitled to compensation from the State for the loss or damage. (sec.188A-ssec.3) Despite anything in subsection (1) or (2) , the claimant is not entitled to compensation under this section for loss or damage caused by the incorrectness of a register kept by the registrar if the registrar may correct the register under section 15 . (sec.188A-ssec.4) Subsection (3) does not limit the claimant’s rights to compensation otherwise than under subsections (1) and (2) . - (a) the incorrect creation of an indefeasible title in the name of another person; or - (b) incorrect registration; or - (c) an error in an indefeasible title or in the freehold land register; or - (d) reliance on the incorrect state of the freehold land register; or - (e) loss, destruction or improper use of a document deposited or lodged at the land registry or held by the land registry for safe custody; or - (f) omission, mistake, breach of duty, negligence or misfeasance— (i) of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or (ii) of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or - (i) of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or - (ii) of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or - (g) the exercise by the registrar of a power in relation to an application or dealing with which the person had no connection. - (i) of or by the registrar or a public service employee of the department performing a function or carrying out a duty under this Act; or - (ii) of or by the titles registry operator or an employee of the operator in relation to the performance of a titles registry function under the Queensland Future Fund (Titles Registry) Act 2021 ; or