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Transport Operations (Passenger Transport) Act 1994
sec.115Protection from liability
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### sec.115 Protection from liability
This section applies to—
an authorised person; and
a person acting under the direction of an authorised person.
A person does not incur civil liability for an act done, or omission made, honestly and without negligence under relevant transport legislation.
If subsection (2) prevents a civil liability attaching to a person, the liability attaches instead to—
if the authorised person is not a transit officer, is employed by a railway manager, railway operator or the Authority, and is exercising a power in relation to a railway—the manager or operator of the railway or the Authority; or
in any other case—the State.
For subsection (3) (a) , a person is employed by a railway manager, railway operator or the Authority if the person is—
an employee of, or a contractor for, the railway manager, railway operator or the Authority; or
an employee of a contractor mentioned in paragraph (a) .
s 115 amd 2003 No. 54 s 42 ; 2004 No. 9 s 26 ; 2008 No. 67 s 221 ; 2013 No. 19 s 120 sch 1
(sec.115-ssec.1) This section applies to— an authorised person; and a person acting under the direction of an authorised person.
(sec.115-ssec.2) A person does not incur civil liability for an act done, or omission made, honestly and without negligence under relevant transport legislation.
(sec.115-ssec.3) If subsection (2) prevents a civil liability attaching to a person, the liability attaches instead to— if the authorised person is not a transit officer, is employed by a railway manager, railway operator or the Authority, and is exercising a power in relation to a railway—the manager or operator of the railway or the Authority; or in any other case—the State.
(sec.115-ssec.4) For subsection (3) (a) , a person is employed by a railway manager, railway operator or the Authority if the person is— an employee of, or a contractor for, the railway manager, railway operator or the Authority; or an employee of a contractor mentioned in paragraph (a) .
- (a) an authorised person; and
- (b) a person acting under the direction of an authorised person.
- (a) if the authorised person is not a transit officer, is employed by a railway manager, railway operator or the Authority, and is exercising a power in relation to a railway—the manager or operator of the railway or the Authority; or
- (b) in any other case—the State.
- (a) an employee of, or a contractor for, the railway manager, railway operator or the Authority; or
- (b) an employee of a contractor mentioned in paragraph (a) .