|
|
|
Insertion of section 47H in Principal Act
|
| |
21. The Principal Act is amended by the insertion of the following section after section 47G:
|
|
| |
“Liability of competent authority and associated persons and indemnity for associated persons
|
|
| |
47H. (1) This section applies to the following persons:
|
|
| |
(a) the competent authority;
|
|
| |
(b) the members of the competent authority (including the chairperson);
|
|
| |
(c) adjudication officers under this Act;
|
|
| |
(d) employees of the competent authority;
|
|
| |
(e) agents of the competent authority.
|
|
| |
(2) A person to whom this section applies is not liable for damages and no proceedings may be maintained against them in which it is claimed that the person is liable in damages (whether such liability is enforceable by action or not), for anything done or omitted to be done in the performance or purported performance or exercise or purported exercise of any of their functions or powers under Parts 2C to 2G, unless it is proved that the act or omission was in bad faith.
|
|
| |
(3) Notwithstanding any subsequent court determination as to whether an act or omission was otherwise than in good faith, where a competent authority is satisfied that a person to whom this section applies (other than a competent authority) has discharged his or her duties in pursuance of the functions of the competent authority under Parts 2C to 2G in good faith, the competent authority may, in the manner and to the extent and subject to the terms and conditions that the competent authority may determine from time to time in consultation with the Minister, indemnify that person against all actions or claims (including as to costs) however they arise in respect of the discharge by him or her of his or her duties.”.
|
