EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 178 Protection from liability

EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 178

    (1)     This section applies to a person who is or has been—

        (a)     the Commissioner; or

        (b)     a member of the staff of the Commission; or

        (c)     another person (other than a person referred to in paragraph (b)) acting under the authority of the Commission, the Board or the Commissioner; or

        (d)     the Chief Conciliator within the meaning of the Equal Opportunity Act 1995 as in force immediately before 1 October 2009; or

        (e)     a member of the Commission before 1 October 2009.

    (2)     A person to whom this section applies is not personally liable for anything done or omitted to be done in good faith—

        (a)     in the performance of a function or duty or the exercise of a power under this Act; or

        (b)     in the reasonable belief that the act or omission was in the performance of a function or duty or the exercise of a power under this Act; or

        (c)     in the provision of information or advice in relation to this or any other Act or any Commonwealth Act or any Act of another State or of a Territory.

    (3)     Any liability resulting from an act or omission that, but for subsection (2), would attach to a person to whom this section applies attaches instead to the Commission.