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PROTECTIVE CUSTODY ACT 2000 - SECT 28

PROTECTIVE CUSTODY ACT 2000 - SECT 28

28 .         Protection from personal liability

        (1)         An action in tort 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 Crown is not relieved from any liability that it might have for another person having done anything as described in that subsection.

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

        (5)         This section does not affect the operation of sections 137 and 138 of the Police Act 1892 .