LOCAL GOVERNMENT ACT 2009 - SECT 235 Administrators who act honestly and without negligence are protected from liability

LOCAL GOVERNMENT ACT 2009 - SECT 235

235 Administrators who act honestly and without negligence are protected from liability

(1) A State administrator or local government administrator is not civilly liable for an act done, or omission made, honestly and without negligence under—

(a) this Act; or

(b) the City of Brisbane Act 2010 ; or

(c) the Local Government Electoral Act .

(2) A
"State administrator" is—

(a) the Minister; or

(b) the department’s chief executive; or

(c) an authorised officer; or

(d) the assessor; or

(e) an investigator; or

(f) a member of the conduct tribunal; or

(g) a member of the change commission; or

(h) a member of the grants commission; or

(i) a commissioner of the remuneration commission; or

(j) a person acting under the direction of a person mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or

(k) an advisor or financial controller.

(3) A
"local government administrator" is—

(a) a councillor; or

(b) a councillor under the City of Brisbane Act 2010 ; or

(c) the chief executive officer; or

(d) the chief executive officer under the City of Brisbane Act 2010 ; or

(e) an authorised person; or

(f) another local government employee; or

(g) an interim administrator.

(4) If subsection (1) prevents civil liability attaching to a State administrator, liability attaches instead to the State.

(5) If subsection (1) prevents civil liability attaching to a local government administrator, liability attaches instead to the local government.

(6) A joint local government, or any member of the joint local government, is not civilly liable for an act done under this Act, or omission made under this Act, honestly and without negligence.

(7) If subsection (6) prevents civil liability attaching to a member of a joint local government, liability attaches instead to the local government for which the member is a councillor.

(8) The protection given under this section is in addition to any other protection given under this Act or another Act or law, including, for example, the Public Interest Disclosure Act 2010 and the Public Sector Act 2022 .

Note—

For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .