Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_323
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 323
Character Range: 102849–104284

323  Legal proceedings
(1) If any civil proceedings to which the Australian Building and Construction Commissioner or an inspector is a party were pending in a court immediately before the transition time:
 (a) the Fair Work Ombudsman is, after the transition time, substituted for the Australian Building and Construction Commissioner or the inspector as a party to those proceedings; and
 (b) if the proceedings are for an order relating to a contravention of a civil remedy provision—the Fair Work Ombudsman is taken to be an authorised applicant for the order.
(2) If an application is made after the transition time for judicial review of a decision made before the transition time by the Australian Building and Construction Commissioner or an inspector, the Fair Work Ombudsman is to be the respondent to the application.
(3) Civil proceedings do not lie for loss, damage or injury of any kind suffered by a person as a result of anything done, or omitted to be done, in good faith and without negligence by:
 (a) the Fair Work Ombudsman; or
 (b) a member of the staff of the Office of the Fair Work Ombudsman; or
 (c) a person assisting the Fair Work Ombudsman under section 698 of the Fair Work Act 2009; or
 (d) a person engaged as a consultant under section 699 of the Fair Work Act 2009; or
 (e) a Fair Work Inspector;
in relation to:
 (f) proceedings covered by subitem (1); or
 (g) an application covered by subitem (2).