sec.114Protection

### sec.114 Protection Neither the State, the commissioner nor a relevant officer of the commission incurs any civil liability for an honest act or omission, other than a public interest act, in the performance or purported performance of functions under this Act or the Building Act 1975 . A relevant entity does not incur any civil liability for an honest act or omission in the performance or purported performance of functions under the Plumbing and Drainage Act 2018 . A civil liability that would, apart from subsection (1) or (1A) , attach to an entity other than the commission attaches instead to the commission. Neither the State, the Minister, the commission nor a relevant officer of the commission incurs any liability for a public interest act. This section does not affect the liability of a person other than the commission to disciplinary action under the conditions of the person’s employment. In this section— public interest act means— a disclosure or publication made by or for the commissioner in issuing a warning under section 20J (1) (i) , or publishing information under section 20J (1) (k) , about— building work; or the commercial or business reputation of any person associated with building work; or the quality or standard of building work performed by any person; or a building product being a non-conforming building product for a particular use; or the commercial or business reputation of a person in the chain of responsibility for a building product; or a contravention or alleged contravention of this Act or the operation or enforcement of this Act; or a disclosure or publication made by or for the Minister in publishing a warning statement under section 74AZC ; or an act done by or for the Minister in relation to a recall order under section 74AW . relevant entity means any of the following entities— the State; the commissioner; a relevant officer of the commission; a member, deputy member or temporary member of the Service Trades Council. s 114 sub 1999 No. 43 s 37 amd 2003 No. 1 s 41 ; 2007 No. 20 s 57 ; 2013 No. 38 s 8 ; 2016 No. 11 s 21 ; 2017 No. 29 s 29 ; 2018 No. 17 s 197 sch 2 (sec.114-ssec.1) Neither the State, the commissioner nor a relevant officer of the commission incurs any civil liability for an honest act or omission, other than a public interest act, in the performance or purported performance of functions under this Act or the Building Act 1975 . (sec.114-ssec.1A) A relevant entity does not incur any civil liability for an honest act or omission in the performance or purported performance of functions under the Plumbing and Drainage Act 2018 . (sec.114-ssec.2) A civil liability that would, apart from subsection (1) or (1A) , attach to an entity other than the commission attaches instead to the commission. (sec.114-ssec.3) Neither the State, the Minister, the commission nor a relevant officer of the commission incurs any liability for a public interest act. (sec.114-ssec.4) This section does not affect the liability of a person other than the commission to disciplinary action under the conditions of the person’s employment. (sec.114-ssec.5) In this section— public interest act means— a disclosure or publication made by or for the commissioner in issuing a warning under section 20J (1) (i) , or publishing information under section 20J (1) (k) , about— building work; or the commercial or business reputation of any person associated with building work; or the quality or standard of building work performed by any person; or a building product being a non-conforming building product for a particular use; or the commercial or business reputation of a person in the chain of responsibility for a building product; or a contravention or alleged contravention of this Act or the operation or enforcement of this Act; or a disclosure or publication made by or for the Minister in publishing a warning statement under section 74AZC ; or an act done by or for the Minister in relation to a recall order under section 74AW . relevant entity means any of the following entities— the State; the commissioner; a relevant officer of the commission; a member, deputy member or temporary member of the Service Trades Council. - (a) a disclosure or publication made by or for the commissioner in issuing a warning under section 20J (1) (i) , or publishing information under section 20J (1) (k) , about— (i) building work; or (ii) the commercial or business reputation of any person associated with building work; or (iii) the quality or standard of building work performed by any person; or (iv) a building product being a non-conforming building product for a particular use; or (v) the commercial or business reputation of a person in the chain of responsibility for a building product; or (vi) a contravention or alleged contravention of this Act or the operation or enforcement of this Act; or - (i) building work; or - (ii) the commercial or business reputation of any person associated with building work; or - (iii) the quality or standard of building work performed by any person; or - (iv) a building product being a non-conforming building product for a particular use; or - (v) the commercial or business reputation of a person in the chain of responsibility for a building product; or - (vi) a contravention or alleged contravention of this Act or the operation or enforcement of this Act; or - (b) a disclosure or publication made by or for the Minister in publishing a warning statement under section 74AZC ; or - (c) an act done by or for the Minister in relation to a recall order under section 74AW . - (i) building work; or - (ii) the commercial or business reputation of any person associated with building work; or - (iii) the quality or standard of building work performed by any person; or - (iv) a building product being a non-conforming building product for a particular use; or - (v) the commercial or business reputation of a person in the chain of responsibility for a building product; or - (vi) a contravention or alleged contravention of this Act or the operation or enforcement of this Act; or - (a) the State; - (b) the commissioner; - (c) a relevant officer of the commission; - (d) a member, deputy member or temporary member of the Service Trades Council.