Document ID: chunk:federal_register_of_legislation:C2024C00616:section:78
Version: federal_register_of_legislation:C2024C00616
Segment Type: section
Provision Reference: s 78
Character Range: 167627–169250

78  Liability for acts and omissions

 (1) A person who is:
 (a) the principal officer of an agency or a delegate of the principal officer; or
 (b) an authorised officer of an agency; or
 (c) a supervisor of a person who makes a disclosure; or
 (ca) a person assisting:
 (i) a principal officer of an agency; or
 (ii) a delegate of the principal officer;
is not liable to any criminal or civil proceedings, or any disciplinary action (including any action that involves imposing any detriment), for or in relation to an act or matter done, or omitted to be done, in good faith:
 (d) in the performance, or purported performance, of any function conferred on the person by this Act; or
 (e) in the exercise, or purported exercise, of any power conferred on the person by this Act; or
 (f) in the case of a person assisting a principal officer or delegate, as mentioned in paragraph (ca)—in assisting the principal officer or delegate in doing anything mentioned in paragraph (d) or (e).

 (2) This section does not apply to a breach of a designated publication restriction.

            Note: For designated publication restriction, see section 8.

 (3) This section does not affect any rights conferred by the Administrative Decisions (Judicial Review) Act 1977 to apply to a court, or any other rights to seek a review by a court or tribunal, in relation to:
 (a) a decision; or
 (b) conduct engaged in for the purpose of making a decision; or
 (c) a failure to make a decision.

 (4) An expression used in subsection (3) has the same meaning as in section 10 of the Administrative Decisions (Judicial Review) Act 1977.