New South Wales Consolidated Acts

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ROAD TRANSPORT ACT 2013 - SECT 275

Indemnity from personal liability for carrying out duties honestly and in good faith

275 Indemnity from personal liability for carrying out duties honestly and in good faith

(cf Gen Act, s 243)

(1) An individual does not incur civil liability for an act or omission done honestly and in good faith in the course of the individual's duties under the road transport legislation.
(2) A liability that would, apart from subsection (1), attach to an individual because of an act or omission done honestly and in good faith in the course of the individual's duties attaches instead--
(a) if it is an act or omission of a police officer, to the Crown, or
(b) if it is an act or omission of a person acting for Transport for NSW, to Transport for NSW.
(3) An individual does not incur civil or criminal liability for carrying out a test or examination in accordance with the statutory rules made for the purposes of driver licensing and expressing to Transport for NSW in good faith an opinion formed as a result of having carried out the test or examination.
(4) An individual does not incur civil or criminal liability for reporting to Transport for NSW, in good faith, information that discloses or suggests that--
(a) another person is or may be unfit to drive, or
(b) it may be dangerous to allow another person to hold, to be issued or to have renewed, a driver licence or a variation of a driver licence.



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