Victorian Numbered Acts

PRISONERS (INTERSTATE TRANSFER) (AMENDMENT) ACT 2005 (NO 81 OF 2005) - SECT 6

For section 69(3) of the Corrections Act 1986 substitute —

    "(3)     A member of the Board is not personally liable for anything done or omitted to be done in good faith—

        (a)     in relation to any function referred to in sub-section (1), or in exercising any power in relation to such a function; or

        (b)     in the reasonable belief that the act or omission related to the function, or was in the exercise of the power.

    (4)     Any liability resulting from an act or omission that would, but for sub-section (3), attach to the member of the Board attaches instead to the Board.

    (5)     Sub-sections (3) and (4) are deemed to apply in respect of anything done, or not done, in good faith before the commencement of section 6 of the Prisoners (Interstate Transfer) (Amendment) Act 2005 by a member, or former member, of the Board, in his or her capacity as a member of the Board, in respect of any of his or her functions under—

        (a)     the Community Welfare Services Act 1970 or the Community Services Act 1970 ; and

        (b)     Division 10 of Part 4 of the Children and Young Persons Act 1989 ; and

        (c)     Subdivision (1A) or (1D) of Division 2 of Part 3 of the Sentencing Act 1991 ; and

        (d)     the Serious Sex Offenders Monitoring Act 2005 .".