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Short title
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This Act may be cited as the Statutory Authorities (Protection from Liability of Members) Act 1993 .
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Tasmania act
This Act immunises members (including deputies, alternates and acting members) of statutory authorities from personal liability for acts or omissions done in good faith while performing, or purportedly performing, the authority’s functions. It preserves any liability of the Crown or the statutory authority itself and takes precedence over inconsistent provisions in other Acts. It affects appointed board members by reducing personal financial risk when acting on the authority’s business.
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Direct links to the current provisions in Statutory Authorities (Protection from Liability of Members) Act 1993.
This Act may be cited as the Statutory Authorities (Protection from Liability of Members) Act 1993 .
This Act commences on the day on which it receives the Royal Assent.
In this Act –
member, in relation to a statutory authority, includes any deputy, alternate or acting member of the statutory authority;
statutory authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority and includes the governing authority of a statutory authority.
(1) A member of a statutory authority does not incur any personal liability in respect of any act done or omitted to be done by the member in good faith in the performance or exercise, or purported performance or exercise, of any function or power of the statutory authority or in the administration or execution, or purported administration or execution, of the Act under which the statutory authority is established.
(2) Subsection (1) does not preclude the Crown or statutory authority from incurring liability that a member of the statutory authority would, but for subsection (1) , incur.
Where there is an inconsistency between a provision of this Act and a provision of any other Act, the provision of this Act prevails.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
This Act may be cited as the Statutory Authorities (Protection from Liability of Members) Act 1993 .
This Act commences on the day on which it receives the Royal Assent.
In this Act –
member, in relation to a statutory authority, includes any deputy, alternate or acting member of the statutory authority;
statutory authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority and includes the governing authority of a statutory authority.
(1) A member of a statutory authority does not incur any personal liability in respect of any act done or omitted to be done by the member in good faith in the performance or exercise, or purported performance or exercise, of any function or power of the statutory authority or in the administration or execution, or purported administration or execution, of the Act under which the statutory authority is established.
(2) Subsection (1) does not preclude the Crown or statutory authority from incurring liability that a member of the statutory authority would, but for subsection (1) , incur.
Where there is an inconsistency between a provision of this Act and a provision of any other Act, the provision of this Act prevails.