Queensland Consolidated Acts

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 215

215 Protection from liability

(1) This section applies to each of the following persons (a
"relevant person" )—

(a) if an authorised officer or inspector has asked someone else to help the officer or inspector to exercise a power under this Act and the other person is giving the help—the other person;

(b) a person who, under this Act, is required to comply with a direction, order or requirement as follows and is complying with the direction, order or requirement—

(i) an action requirement;

(ii) a disposal order;

(iii) a document production requirement;

(iv) a help requirement;

(v) an information requirement;

(vi) a seizure direction.

(2) A relevant person does not incur civil liability for engaging, or for the result of engaging, in conduct in connection with giving the help or acting under the direction, order or requirement.

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

(4) If liability attaches to the State under subsection (3) , the State may recover contribution from the relevant person but only if the conduct was engaged in—

(a) other than in good faith; and

(b) with gross negligence.

(5) In a proceeding under subsection (4) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.

(6) This section does not apply to a person who is a prescribed person under the Public Sector Act 2022 , section 267 engaging in conduct in an official capacity under section 269 of that Act.

Note—

For protection from civil liability in relation to prescribed persons, see the Public Sector Act 2022 , section 269 .

(7) In this section—

"civil liability" includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.

"conduct" means an act or an omission to perform an act.