OPCAT Implementation Act 2021
38Protection from liability
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38 Protection from liability
(1) In this section –
monitoring authority means –
(a) a Tasmanian national preventive mechanism; or
(b) any staff of a Tasmanian national preventive mechanism; or
(c) the Subcommittee; or
(d) any staff or accompanying experts of the Subcommittee; or
(e) any persons appointed under Ministerial arrangements to assist the Subcommittee.
(2) Anything done or omitted to be done, in good faith, by a monitoring authority, does not make the monitoring authority subject to any action, liability, claim or demand.
(3) A monitoring authority does not incur any personal liability in respect of any act done or omitted to be done by the monitoring authority in good faith in the exercise, or purported exercise, of any function under this Act.
(4) A civil liability that would, but for this section, attach to a monitoring authority attaches to the Crown.