sec.422Power to grant relief

### sec.422 Power to grant relief If, in a proceeding against a WorkCover officer for negligence, default, breach of trust or breach of duty as an officer, it appears to the court that— the officer is or may be liable for the negligence, default or breach; and the officer has acted honestly; and having regard to all the circumstances of the case, including circumstances connected with the officer’s appointment, the officer ought fairly to be excused for the negligence, default or breach; the court may relieve the officer, completely or partly, from liability on terms that the court considers appropriate. If a WorkCover officer believes that a claim will or might be made against the officer for negligence, default, breach of trust or breach of duty as an officer, the officer may apply to the Supreme Court or a District Court for relief. The court has the same power to relieve the officer as it would have if a proceeding had been brought against the officer in the court for the negligence, default or breach. If— a proceeding mentioned in subsection (1) is being tried by a judge with a jury; and the judge, after hearing the evidence, is satisfied that the defendant ought under that subsection be relieved, completely or partly, from the liability sought to be enforced against the person; the judge may withdraw the case, completely or partly, from the jury and direct that judgment be entered for the defendant on the terms, as to costs or otherwise, the judge considers appropriate. In this section— WorkCover officer means— a WorkCover director; or a WorkCover employee; or an employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement. s 422 amd 2003 No. 85 s 28 sch ; 2007 No. 20 s 121 (sec.422-ssec.1) If, in a proceeding against a WorkCover officer for negligence, default, breach of trust or breach of duty as an officer, it appears to the court that— the officer is or may be liable for the negligence, default or breach; and the officer has acted honestly; and having regard to all the circumstances of the case, including circumstances connected with the officer’s appointment, the officer ought fairly to be excused for the negligence, default or breach; the court may relieve the officer, completely or partly, from liability on terms that the court considers appropriate. (sec.422-ssec.2) If a WorkCover officer believes that a claim will or might be made against the officer for negligence, default, breach of trust or breach of duty as an officer, the officer may apply to the Supreme Court or a District Court for relief. (sec.422-ssec.3) The court has the same power to relieve the officer as it would have if a proceeding had been brought against the officer in the court for the negligence, default or breach. (sec.422-ssec.4) If— a proceeding mentioned in subsection (1) is being tried by a judge with a jury; and the judge, after hearing the evidence, is satisfied that the defendant ought under that subsection be relieved, completely or partly, from the liability sought to be enforced against the person; the judge may withdraw the case, completely or partly, from the jury and direct that judgment be entered for the defendant on the terms, as to costs or otherwise, the judge considers appropriate. (sec.422-ssec.5) In this section— WorkCover officer means— a WorkCover director; or a WorkCover employee; or an employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement. - (a) the officer is or may be liable for the negligence, default or breach; and - (b) the officer has acted honestly; and - (c) having regard to all the circumstances of the case, including circumstances connected with the officer’s appointment, the officer ought fairly to be excused for the negligence, default or breach; - (a) a proceeding mentioned in subsection (1) is being tried by a judge with a jury; and - (b) the judge, after hearing the evidence, is satisfied that the defendant ought under that subsection be relieved, completely or partly, from the liability sought to be enforced against the person; - (a) a WorkCover director; or - (b) a WorkCover employee; or - (c) an employee of the employing office or of another government entity or non-Queensland government entity who performs work for WorkCover under a work performance arrangement.