New South Wales Repealed Acts

This legislation has been repealed.

PUBLIC HEALTH ACT 1991 - SECT 10J

10J Protection from liability

(1) The provision of any information or advice concerning drinking water by the Chief Health Officer exercising any function under section 10B, 10C or 10E in good faith for the purpose of executing this Act does not subject any of the following to any action, liability, claim or demand:

(a) the State,

(b) a Minister of the Crown in right of New South Wales,

(c) an officer of the Department of Health.

(2) A reference in this section to the exercise by the Chief Health Officer of a function under this Part includes a reference to a decision by the Chief Health Officer not to exercise a power conferred by this Part.

(3) To avoid doubt, it is declared that:

(a) the exercise of a function under section 10B (1) or 10E (4) (a) extends to deciding that a boil water advice is not to be issued in particular circumstances or at a particular time, and

(b) the exercise of a function under section 10C extends to deciding that a direction under section 10C (1) should not be given.