CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 878 Protection of officials from liability
CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 878
Protection of officials from liability(1) In this section:
"official" means—
(a) the director-general; or
(b) a person who is exercising, or has exercised, a function under this Act; or
(c) a person who is, or has been, engaged in the administration of this Act.
Note An official visitor exercising a function under this Act is protected from civil liability by the Official Visitor Act 2012
, s 24.
(2) An official, or anyone engaging in conduct under the direction of an official, is not civilly liable for conduct engaged in honestly and without recklessness—
(a) in the exercise of a function under this Act; or
(b) in the reasonable belief that the conduct was in the exercise of a function under this Act.
(3) Any liability that would, apart from this section, attach to an official attaches instead to the Territory.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act
, s 104).