RAIL SAFETY NATIONAL LAW (NSW) - SECT 247
Protection from personal liability for persons exercising functions
RAIL SAFETY NATIONAL LAW (NSW) - SECT 247
Protection from personal liability for persons exercising functions
247 Protection from personal liability for persons exercising functions
(1) A person who is or was a protected person is not personally liable for
anything done or omitted to be done in good faith--
(a) in the exercise of a
function under this Law; or
(b) in the reasonable belief that the act or
omission was the exercise of a function under this Law.
(2) Any liability
resulting from an act or omission that would, but for subsection (1), attach
to a protected person attaches instead to ONRSR.
(3) In this section--
"protected person" means any of the following--
(a) a member of ONRSR;
(b) a
member of a committee of ONRSR;
(c) a member of the staff of ONRSR;
(d) a
rail safety officer;
(e) an authorised person;
(f) a person to whom ONRSR
has delegated any of its functions;
(g) a person to whom an entity, or the
chief executive of an entity or department of government, of a participating
jurisdiction has subdelegated a function delegated to the chief executive by
ONRSR;
(h) a member of the staff of an entity or department referred to in
paragraph (g);
(i) a person acting under the authority or direction of a
person referred to in paragraphs (a) to (h).