301Liability for acts and omissions

301 Liability for acts and omissions

Scope (1) This section applies to the following bodies and people: (a) the Minister; (b) the Registrar; (c) the Regulator; (d) the CEO; (e) an OEI inspector; (f) a person acting under the direction or authority of the Minister or the Registrar; (g) a person acting under the direction or authority of the Regulator or the CEO; (h) a person engaged by the Minister under paragraph 132(1)(d); (i) a person engaged by the Regulator under paragraph 124(2)(b) or 129(1)(d). (2) This section does not apply to a person or body merely because the person or body is acting in accordance with: (a) a proposal or plan (however described) that has been accepted, agreed or otherwise approved by or on behalf of the Minister, the Registrar or the Regulator; or (b) a direction under Division 2 (general directions) or Division 3 (remedial directions) of Part 2 of Chapter 4. Extent of liability (3) A body or person is not liable to an action, suit or proceeding for, or in relation to, an act or matter in good faith done or omitted to be done in the exercise, or purported exercise, of any power or authority conferred by: (a) this Act; or (b) a direction under this Act; or (c) the applied work health and safety provisions. Judicial review (4) This section does not affect: (a) any rights conferred on a person by the Administrative Decisions (Judicial Review) Act 1977 to apply to a court in relation to: (i) a decision; or (ii) conduct engaged in for the purpose of making a decision; or (iii) a failure to make a decision; or (b) any other rights that a person has to seek a review by a court or tribunal in relation to: (i) a decision; or (ii) conduct engaged in for the purpose of making a decision; or (iii) a failure to make a decision. (5) An expression used in subsection (4) has the same meaning as in section 10 of the Administrative Decisions (Judicial Review) Act 1977.