QLDIn ForceAct
Public Health Act 2005
sec.454BProtecting prescribed persons from civil liability for asbestos-related harm
Start here
Get a plain-English read of sec.454B
Turn the raw legal text into a practical explanation grounded in Public Health Act 2005.
### sec.454B Protecting prescribed persons from civil liability for asbestos-related harm
A prescribed person is not civilly liable for official conduct engaged in by the person that gives rise to asbestos-related harm.
If subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches instead to the relevant local government.
If liability attaches to a local government under subsection (2) , the local government may recover contribution from the prescribed person but only if the official conduct was engaged in—
other than in good faith; and
with gross negligence.
In a proceeding under subsection (3) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.
s 454B ins 2014 No. 65 s 43
(sec.454B-ssec.1) A prescribed person is not civilly liable for official conduct engaged in by the person that gives rise to asbestos-related harm.
(sec.454B-ssec.2) If subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches instead to the relevant local government.
(sec.454B-ssec.3) If liability attaches to a local government under subsection (2) , the local government may recover contribution from the prescribed person but only if the official conduct was engaged in— other than in good faith; and with gross negligence.
(sec.454B-ssec.4) In a proceeding under subsection (3) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.
- (a) other than in good faith; and
- (b) with gross negligence.