Victorian Repealed Acts

This legislation has been repealed.

Equal Opportunity Act 1995 - SECT 178

Protection from liability

178. Protection from liability



(1) This section applies to a person who is or has been-

   (a)  the Commissioner; or

   (b)  a member of the staff of the Commission; or

   (c)  another person (other than a person referred to in paragraph (b))
        acting under the authority of the Commission, the Board or the
        Commissioner; or

   (d)  the Chief Conciliator; or

   (e)  a member of the Commission before the commencement of section 5 of the
        Equal Opportunity Amendment (Governance) Act 2009.

(2) A person to whom this section applies is not personally liable for
anything done or omitted to be done in good faith-

   (a)  in the performance of a function or duty or the exercise of a power
        under this Act; or

   (b)  in the reasonable belief that the act or omission was in the
        performance of a function or duty or the exercise of a power under
        this Act; or

   (c)  in the provision of information or advice in relation to this or any
        other Act or any Commonwealth Act or any Act of another State or of a
        Territory.

(3) Any liability resulting from an act or omission that, but for subsection
(2), would attach to a person to whom this section applies attaches instead to
the Commission.