Queensland Consolidated Acts

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 115

115 Protection from liability

(1) This section applies to—

(a) an authorised person; and

(b) a person acting under the direction of an authorised person.

(2) A person does not incur civil liability for an act done, or omission made, honestly and without negligence under relevant transport legislation.

(3) If subsection (2) prevents a civil liability attaching to a person, the liability attaches instead to—

(a) if the authorised person is not a transit officer, is employed by a railway manager, railway operator or the Authority, and is exercising a power in relation to a railway—the manager or operator of the railway or the Authority; or

(b) in any other case—the State.

(4) For subsection (3) (a) , a person is employed by a railway manager, railway operator or the Authority if the person is—

(a) an employee of, or a contractor for, the railway manager, railway operator or the Authority; or

(b) an employee of a contractor mentioned in paragraph (a) .