PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165CU Immunity
PUBLIC HEALTH AND WELLBEING ACT 2008 - SECT 165CU
Immunity(1) This section applies to the following—
(a) the Chief Health Officer;
(b) a delegate of the Chief Health Officer;
(c) an authorised officer;
(d) a Detention Appeals Officer.
(2) A person to whom this section applies is not personally liable for anything done or omitted to be done in good faith, at a time when a pandemic declaration is in force, in relation to a pandemic disease or a disease of pandemic potential—
(a) in the exercise of a power or the discharge of a duty in relation to the pandemic disease or disease of pandemic potential—
(i) under this Part or under regulations or an instrument under this Part; or
(ii) under Part 10 or under regulations or an instrument under Part 10; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Part or Part 10, or under regulations or an instrument under this Part or Part 10, in relation to the pandemic disease or a disease of pandemic potential.
(3) Any liability resulting from an act or omission that would but for subsection (2) attach to a person attaches instead to the Crown.
S. 165CV inserted by No. 53/2021 s. 12.