sec.189Matters for which there is no entitlement to compensation

### sec.189 Matters for which there is no entitlement to compensation A person is not entitled to compensation from the State for deprivation, loss or damage— because of a breach of a trust or fiduciary duty (whether express, implied or constructive) including a breach of duty arising in the administration of the estate of a deceased person; or if the deprivation, loss or damage can fairly be attributed to the person’s failure, as original mortgagee under section 11A , or as mortgage transferee under section 11B , to take the steps required under section 11A (2) or 11B (2) ; or if the person, a person acting as agent for the person, or an indemnified legal practitioner acting or purporting to act for the person, caused or substantially contributed to the deprivation, loss or damage by fraud, neglect or wilful default, including, for example, failure to take reasonable steps in response to a notice that the registrar intended to create a new indefeasible title for the relevant lot; or suffered by a corporation through the improper use of its seal or by an act of an authorised signatory of the corporation who exceeds the signatory’s authority; or caused when the registrar corrected an indefeasible title that mistakenly included the person’s land, unless the person suffered loss or damage under section 188A (1) (d) ; or because of an error in the location of a lot’s boundaries or in a lot’s area; or because of an excess or shortage in area of a lot according to a plan lodged in the land registry; or if the loss, damage or deprivation arises out of a matter about which the registrar is by an Act or law, either expressly or by necessary implication, excused from inquiring; or because of the registrar’s lodgement or continuation of a caveat prepared and registered under section 17 ; or because the particulars of an easement over a lot have been omitted from the freehold land register; or because of the misdescription of the particulars of an easement in the freehold land register; or because of the recording or keeping of information or anything else under section 28 (2) , 29 or 34 , if— the information or thing, as recorded or kept, is incorrect; and the information or thing was given to the registrar for recording or keeping by another entity; and the incorrectness was not because of an error of the registrar in the recording or keeping. A failure to obtain a certificate of title for a lot may not be taken into account in considering whether, under subsection (1) (b) , a person, or a person acting as agent for the person, or an indemnified legal practitioner acting or purporting to act for the person, caused or substantially contributed to the deprivation of the lot or an interest in the lot. Section 185 (3) , (4) and (6) applies for subsection (1) (j) in the same way it applies for section 185 (1) (c) . In this section— certificate of title means a certificate of title issued under this Act before the commencement of the Land, Explosives and Other Legislation Amendment Act 2019 , part 9 , division 3 . indemnified legal practitioner means a legal practitioner covered by indemnity insurance (however described) under the Legal Profession Act 2007 or a law of another jurisdiction that corresponds to the provisions about indemnity insurance under that Act. s 189 amd 1996 No. 21 s 6 (retro); 1997 No. 28 s 295 sch 3 ; 2004 No. 11 s 596 sch 1 ; 2005 No. 68 s 107 ; 2007 No. 24 s 770 sch 1 ; 2010 No. 12 s 197 ; 2013 No. 23 s 352 sch 1 pt 1 ; 2014 No. 29 s 114 ; 2019 No. 7 s 246 (sec.189-ssec.1) A person is not entitled to compensation from the State for deprivation, loss or damage— because of a breach of a trust or fiduciary duty (whether express, implied or constructive) including a breach of duty arising in the administration of the estate of a deceased person; or if the deprivation, loss or damage can fairly be attributed to the person’s failure, as original mortgagee under section 11A , or as mortgage transferee under section 11B , to take the steps required under section 11A (2) or 11B (2) ; or if the person, a person acting as agent for the person, or an indemnified legal practitioner acting or purporting to act for the person, caused or substantially contributed to the deprivation, loss or damage by fraud, neglect or wilful default, including, for example, failure to take reasonable steps in response to a notice that the registrar intended to create a new indefeasible title for the relevant lot; or suffered by a corporation through the improper use of its seal or by an act of an authorised signatory of the corporation who exceeds the signatory’s authority; or caused when the registrar corrected an indefeasible title that mistakenly included the person’s land, unless the person suffered loss or damage under section 188A (1) (d) ; or because of an error in the location of a lot’s boundaries or in a lot’s area; or because of an excess or shortage in area of a lot according to a plan lodged in the land registry; or if the loss, damage or deprivation arises out of a matter about which the registrar is by an Act or law, either expressly or by necessary implication, excused from inquiring; or because of the registrar’s lodgement or continuation of a caveat prepared and registered under section 17 ; or because the particulars of an easement over a lot have been omitted from the freehold land register; or because of the misdescription of the particulars of an easement in the freehold land register; or because of the recording or keeping of information or anything else under section 28 (2) , 29 or 34 , if— the information or thing, as recorded or kept, is incorrect; and the information or thing was given to the registrar for recording or keeping by another entity; and the incorrectness was not because of an error of the registrar in the recording or keeping. (sec.189-ssec.1A) A failure to obtain a certificate of title for a lot may not be taken into account in considering whether, under subsection (1) (b) , a person, or a person acting as agent for the person, or an indemnified legal practitioner acting or purporting to act for the person, caused or substantially contributed to the deprivation of the lot or an interest in the lot. (sec.189-ssec.1B) Section 185 (3) , (4) and (6) applies for subsection (1) (j) in the same way it applies for section 185 (1) (c) . (sec.189-ssec.2) In this section— certificate of title means a certificate of title issued under this Act before the commencement of the Land, Explosives and Other Legislation Amendment Act 2019 , part 9 , division 3 . indemnified legal practitioner means a legal practitioner covered by indemnity insurance (however described) under the Legal Profession Act 2007 or a law of another jurisdiction that corresponds to the provisions about indemnity insurance under that Act. - (a) because of a breach of a trust or fiduciary duty (whether express, implied or constructive) including a breach of duty arising in the administration of the estate of a deceased person; or - (ab) if the deprivation, loss or damage can fairly be attributed to the person’s failure, as original mortgagee under section 11A , or as mortgage transferee under section 11B , to take the steps required under section 11A (2) or 11B (2) ; or - (b) if the person, a person acting as agent for the person, or an indemnified legal practitioner acting or purporting to act for the person, caused or substantially contributed to the deprivation, loss or damage by fraud, neglect or wilful default, including, for example, failure to take reasonable steps in response to a notice that the registrar intended to create a new indefeasible title for the relevant lot; or - (d) suffered by a corporation through the improper use of its seal or by an act of an authorised signatory of the corporation who exceeds the signatory’s authority; or - (e) caused when the registrar corrected an indefeasible title that mistakenly included the person’s land, unless the person suffered loss or damage under section 188A (1) (d) ; or - (f) because of an error in the location of a lot’s boundaries or in a lot’s area; or - (g) because of an excess or shortage in area of a lot according to a plan lodged in the land registry; or - (h) if the loss, damage or deprivation arises out of a matter about which the registrar is by an Act or law, either expressly or by necessary implication, excused from inquiring; or - (i) because of the registrar’s lodgement or continuation of a caveat prepared and registered under section 17 ; or - (j) because the particulars of an easement over a lot have been omitted from the freehold land register; or - (k) because of the misdescription of the particulars of an easement in the freehold land register; or - (l) because of the recording or keeping of information or anything else under section 28 (2) , 29 or 34 , if— (i) the information or thing, as recorded or kept, is incorrect; and (ii) the information or thing was given to the registrar for recording or keeping by another entity; and (iii) the incorrectness was not because of an error of the registrar in the recording or keeping. - (i) the information or thing, as recorded or kept, is incorrect; and - (ii) the information or thing was given to the registrar for recording or keeping by another entity; and - (iii) the incorrectness was not because of an error of the registrar in the recording or keeping. - (i) the information or thing, as recorded or kept, is incorrect; and - (ii) the information or thing was given to the registrar for recording or keeping by another entity; and - (iii) the incorrectness was not because of an error of the registrar in the recording or keeping.