39DLiability of step-in parties, existing service providers and other parties under step-in arrangements

#### 39D Liability of step-in parties, existing service providers and other parties under step-in arrangements 39D Liability of step-in parties, existing service providers and other parties under step-in arrangements > > (1) In determining step-in arrangements, the Director-General must specify terms and conditions relating to the liability or protection from liability (including indemnities or releases to be given) of the existing service provider and the step-in party in connection with acts or omissions done or omitted for the purposes of implementing step-in arrangements. > > > (2) Any such terms and conditions are to be determined having regard to the following principles (subject to any necessary exceptions determined in a particular case by the Minister)— > > > > > (a) the step-in party should be protected from liability to the existing service provider or any other person for acts done or omitted in good faith for the purposes of implementing step-in arrangements, > > > > > (b) the step-in party should be protected from liability for acts or omissions of the existing service provider done or omitted before the implementation of the step-in arrangements, > > > > > (c) the existing service provider should be protected from liability for acts done or omitted by the step-in party or any other person for the purposes of implementing step-in arrangements, > > > > > (d) a person dealing with the step-in party in the course of implementing step-in arrangements should be protected from liability for acts or omissions done in good faith at the lawful request or requirement of the step-in party. > > > (3) Without limiting subclause (1), the step-in arrangements may, for the purposes of this clause, specify terms and conditions containing one or more of the following requirements— > > > > > (a) a requirement that indemnities or releases be given to or by or on behalf of the step-in party or the existing service provider in connection with the step-in arrangements, > > > > > (b) a requirement that indemnities or releases be given to or by or on behalf of the step-in party or the existing service provider in connection with obligations, rights and liabilities under the workers compensation Acts and other legislation or laws relating to employer or occupier liability or liability in relation to environmental obligations, > > > > > (c) a requirement that warranties or agreements be given or entered into by or on behalf of the step-in party or the existing service provider in relation to specified obligations, rights and liabilities. > > > (4) A term or condition of a step-in arrangement of a kind referred to in this clause, and any thing done in accordance with any such term or condition, has effect despite any other provision of this Act or the regulations or any other law. > > > (5) Nothing in this clause permits a term or condition of a step-in arrangement that has the effect of— > > > > > (a) removing from an existing service provider the obligation to have and maintain in force an insurance policy, or to be a self-insurer, under the workers compensation Acts in respect of any of its staff whose services are made use of under step-in arrangements, or > > > > > (b) removing any liability of an existing service provider in respect of injury to any such staff under those Acts or that exists independently of those Acts. > > > (6) The Director-General may prepare model terms and conditions for the purposes of this clause and is to consult with industry representatives of bus service providers in relation to any such model terms and conditions. > > > (7) In this clause— > > > > workers compensation Acts means the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) and the [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086) and any instruments made under those Acts.