sec.228Protecting officials from liability

### sec.228 Protecting officials from liability An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State. Also, the State or an official is not civilly liable in a proceeding for an act done, or omission made, in— the performance or purported performance of a function under this Act; or the exercise or purported exercise of a power under this Act; or the management or operation of a recreation area. However, subsection (3) does not apply to any liability of the State or an official arising from the State’s or official’s— construction, installation or maintenance of a State fixture, or State road, that is defective other than because of a natural event; or failure to give adequate notice of a State fixture, or State road, that is defective other than because of a natural event; or carrying out of a State management activity. a storm, flood, period of heavy rain Also, subsection (3) does not apply in relation to— any liability of the State or an official for an MAIA injury incurred by the State or official as an insured person; or any liability of the State or an official for an injury for which compensation is payable under the Workers’ Compensation and Rehabilitation Act 2003 incurred by the State or official in the State’s or official’s capacity as an employer. For subsection (5) (b) , the following is immaterial— whether compensation for the injury is actually claimed under the Workers’ Compensation and Rehabilitation Act 2003 ; whether the entitlement to seek damages for the injury is regulated under that Act. In this section— compensation see the Workers’ Compensation and Rehabilitation Act 2003 , section 9 . damages includes any form of monetary compensation. defective includes damaged or destroyed. insured person see the Motor Accident Insurance Act 1994 , section 4 . MAIA injury means a personal injury to which the Motor Accident Insurance Act 1994 applies. official means— the Minister; or the chief executive; or an authorised officer; or an officer or other employee of the department; or a person acting under— the authority, under this Act, of a person mentioned in paragraph (a) , (b) , (c) or (d) ; or a direction given under this Act by a person mentioned in paragraph (a) , (b) , (c) or (d) . personal injury see the Civil Liability Act 2003 , schedule 2 . proceeding means a proceeding for damages based on a liability for personal injury, damage to property or economic loss resulting from personal injury or damage to property, and, for a fatal injury, includes a proceeding for the deceased’s dependants or estate. State fixture means a building, structure or other thing constructed or installed by the State including, for example, the following— a boardwalk, jetty, lookout or mooring; a stairway; a fence or other barrier; a thing used for a recreational purpose. a flying fox ride or zipline ride a rope or swing over a river or waterhole a ramp or jump on a mountain bike trail an anchor point for rock climbing State management activity means— programmed shooting or poisoning of animals; or programmed burning or poisoning of vegetation. State road means— a State-controlled road within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or another road, within the meaning of the Transport Operations (Road Use Management) Act 1995 , constructed by the State. s 228 amd 2013 No. 55 s 97 (sec.228-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. (sec.228-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State. (sec.228-ssec.3) Also, the State or an official is not civilly liable in a proceeding for an act done, or omission made, in— the performance or purported performance of a function under this Act; or the exercise or purported exercise of a power under this Act; or the management or operation of a recreation area. (sec.228-ssec.4) However, subsection (3) does not apply to any liability of the State or an official arising from the State’s or official’s— construction, installation or maintenance of a State fixture, or State road, that is defective other than because of a natural event; or failure to give adequate notice of a State fixture, or State road, that is defective other than because of a natural event; or carrying out of a State management activity. a storm, flood, period of heavy rain (sec.228-ssec.5) Also, subsection (3) does not apply in relation to— any liability of the State or an official for an MAIA injury incurred by the State or official as an insured person; or any liability of the State or an official for an injury for which compensation is payable under the Workers’ Compensation and Rehabilitation Act 2003 incurred by the State or official in the State’s or official’s capacity as an employer. (sec.228-ssec.6) For subsection (5) (b) , the following is immaterial— whether compensation for the injury is actually claimed under the Workers’ Compensation and Rehabilitation Act 2003 ; whether the entitlement to seek damages for the injury is regulated under that Act. (sec.228-ssec.7) In this section— compensation see the Workers’ Compensation and Rehabilitation Act 2003 , section 9 . damages includes any form of monetary compensation. defective includes damaged or destroyed. insured person see the Motor Accident Insurance Act 1994 , section 4 . MAIA injury means a personal injury to which the Motor Accident Insurance Act 1994 applies. official means— the Minister; or the chief executive; or an authorised officer; or an officer or other employee of the department; or a person acting under— the authority, under this Act, of a person mentioned in paragraph (a) , (b) , (c) or (d) ; or a direction given under this Act by a person mentioned in paragraph (a) , (b) , (c) or (d) . personal injury see the Civil Liability Act 2003 , schedule 2 . proceeding means a proceeding for damages based on a liability for personal injury, damage to property or economic loss resulting from personal injury or damage to property, and, for a fatal injury, includes a proceeding for the deceased’s dependants or estate. State fixture means a building, structure or other thing constructed or installed by the State including, for example, the following— a boardwalk, jetty, lookout or mooring; a stairway; a fence or other barrier; a thing used for a recreational purpose. a flying fox ride or zipline ride a rope or swing over a river or waterhole a ramp or jump on a mountain bike trail an anchor point for rock climbing State management activity means— programmed shooting or poisoning of animals; or programmed burning or poisoning of vegetation. State road means— a State-controlled road within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or another road, within the meaning of the Transport Operations (Road Use Management) Act 1995 , constructed by the State. - (a) the performance or purported performance of a function under this Act; or - (b) the exercise or purported exercise of a power under this Act; or - (c) the management or operation of a recreation area. - (a) construction, installation or maintenance of a State fixture, or State road, that is defective other than because of a natural event; or - (b) failure to give adequate notice of a State fixture, or State road, that is defective other than because of a natural event; or - (c) carrying out of a State management activity. - (a) any liability of the State or an official for an MAIA injury incurred by the State or official as an insured person; or - (b) any liability of the State or an official for an injury for which compensation is payable under the Workers’ Compensation and Rehabilitation Act 2003 incurred by the State or official in the State’s or official’s capacity as an employer. - (a) whether compensation for the injury is actually claimed under the Workers’ Compensation and Rehabilitation Act 2003 ; - (b) whether the entitlement to seek damages for the injury is regulated under that Act. - (a) the Minister; or - (b) the chief executive; or - (c) an authorised officer; or - (d) an officer or other employee of the department; or - (e) a person acting under— (i) the authority, under this Act, of a person mentioned in paragraph (a) , (b) , (c) or (d) ; or (ii) a direction given under this Act by a person mentioned in paragraph (a) , (b) , (c) or (d) . - (i) the authority, under this Act, of a person mentioned in paragraph (a) , (b) , (c) or (d) ; or - (ii) a direction given under this Act by a person mentioned in paragraph (a) , (b) , (c) or (d) . - (i) the authority, under this Act, of a person mentioned in paragraph (a) , (b) , (c) or (d) ; or - (ii) a direction given under this Act by a person mentioned in paragraph (a) , (b) , (c) or (d) . - (a) a boardwalk, jetty, lookout or mooring; - (b) a stairway; - (c) a fence or other barrier; - (d) a thing used for a recreational purpose. Examples for paragraph (d) — • a flying fox ride or zipline ride • a rope or swing over a river or waterhole • a ramp or jump on a mountain bike trail • an anchor point for rock climbing - • a flying fox ride or zipline ride - • a rope or swing over a river or waterhole - • a ramp or jump on a mountain bike trail - • an anchor point for rock climbing - • a flying fox ride or zipline ride - • a rope or swing over a river or waterhole - • a ramp or jump on a mountain bike trail - • an anchor point for rock climbing - (a) programmed shooting or poisoning of animals; or - (b) programmed burning or poisoning of vegetation. - (a) a State-controlled road within the meaning of the Transport Infrastructure Act 1994 , schedule 6 ; or - (b) another road, within the meaning of the Transport Operations (Road Use Management) Act 1995 , constructed by the State.