QLDIn ForceAct
Transport Operations (Road Use Management) Act 1995
sec.167Protection from liability
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### sec.167 Protection from liability
In this section—
official means—
the Minister; and
the chief executive; and
the commissioner; and
an authorised officer; and
an accredited person; and
a relevant emergency service officer; and
a person acting under the direction or authorisation of an authorised officer or a relevant emergency service officer; and
an employee of the department of the police service; and
a health care professional under section 80 acting under that section; and
the chief executive officer, or an officer or employee, of a local government.
An official is not civilly liable for an act done, or omission made, honestly and without negligence under a transport Act.
If subsection (2) prevents civil liability attaching to an official, the liability attaches instead to—
for a person mentioned in subsection (1) (a) to (h) —the State; or
for a person mentioned in subsection (1) (i) —the local government.
s 167 (prev s 83) renum 1999 No. 42 s 54 (2) sch amdt 188
amd 2002 No. 48 s 5 ; 2007 No. 43 s 33 sch ; 2008 No. 67 s 100
(sec.167-ssec.1) In this section— official means— the Minister; and the chief executive; and the commissioner; and an authorised officer; and an accredited person; and a relevant emergency service officer; and a person acting under the direction or authorisation of an authorised officer or a relevant emergency service officer; and an employee of the department of the police service; and a health care professional under section 80 acting under that section; and the chief executive officer, or an officer or employee, of a local government.
(sec.167-ssec.2) An official is not civilly liable for an act done, or omission made, honestly and without negligence under a transport Act.
(sec.167-ssec.3) If subsection (2) prevents civil liability attaching to an official, the liability attaches instead to— for a person mentioned in subsection (1) (a) to (h) —the State; or for a person mentioned in subsection (1) (i) —the local government.
- (a) the Minister; and
- (b) the chief executive; and
- (c) the commissioner; and
- (d) an authorised officer; and
- (e) an accredited person; and
- (ea) a relevant emergency service officer; and
- (f) a person acting under the direction or authorisation of an authorised officer or a relevant emergency service officer; and
- (g) an employee of the department of the police service; and
- (h) a health care professional under section 80 acting under that section; and
- (i) the chief executive officer, or an officer or employee, of a local government.
- (a) for a person mentioned in subsection (1) (a) to (h) —the State; or
- (b) for a person mentioned in subsection (1) (i) —the local government.