Page:Workplace Safety and Health Act 2006.pdf/57

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WORKPLACE SAFETY AND HEALTH
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(b) as conferring a defence to an action in any civil proceedings or as otherwise affecting a right of action in any civil proceedings.

(2) Subsection (1) shall not affect the extent (if any) to which a breach of duty imposed under any written law is actionable.

Protection from personal liability

61.—(1) No action, suit or other legal proceeding shall lie personally against—

(a) the Commissioner;
(b) a Deputy Commissioner;
(c) an inspector; or
(d) an authorised examiner,

for any damage done to any item specified in subsection (2) in the course of carrying out in good faith any prescribed examination or test of the item.

(2) Subsection (1) shall apply only in respect of the following items:

(a) a hoist or lift;
(b) a lifting gear;
(c) a lifting appliance or lifting machine;
(d) a steam boiler;
(e) a steam receiver;
(f) an air receiver;
(g) a refrigerating plant pressure receiver;
(h) a pressure vessel; or
(i) any other machinery required by this Act to be examined or

tested by an authorised examiner.

(3) No action, suit or other legal proceedings shall lie personally against the Commissioner or any Deputy Commissioner for anything done or omitted to be done in good faith in the course of or in connection with the performance or purported performance of any duty or function under section 21.