Mandatory Disease Testing Act 2021
32Personal liability and professional standards
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32 Personal liability and professional standards
32 Personal liability and professional standards
(1) A person is not personally subject to civil liability for anything done—
(a) in good faith, and
(b) for the purpose of exercising functions under this Act.
(2) The civil liability instead attaches to the Crown.
(3) A person, including a police officer or correctional officer, is not personally subject to criminal liability for anything properly and necessarily done—
(a) in good faith, and
(b) for the purpose of taking blood, or helping another person to take blood, from a third party under a mandatory testing order.
(4) Subsection (3) applies only if the person believed on reasonable grounds that the taking of blood from the third party was authorised by a mandatory testing order.
(5) A person is not taken to have breached professional etiquette or ethics or departed from accepted standards of professional conduct for anything done—
(a) in good faith, and
(b) for the purpose of exercising functions under this Act.
(6) In this section—
civil liability includes action, claim or demand.
done includes omitted to be done.
Note—
This section does not provide protection for anything done maliciously or recklessly.