CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 246

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 246

246 .         Protection from liability for wrongdoing

        (1)         A civil action does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act.

        (2)         The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted.

        (3)         Despite subsection (1), the State is not relieved of any liability that it might have for another person having done anything as described in that subsection.

        (4)         A person who, at the request of a police officer, authorised officer or industrial inspector, assists the officer or inspector in the exercise of a power under this Act is to be taken, for the purposes of this section, to be performing a function under this Act.

        (5)         In this section, a reference to the doing of anything includes a reference to the omission to do anything.

        [Section 246 amended: No. 49 of 2010 s. 80; No. 18 of 2021 s. 74.]