Public Defenders Act 2022 · s 7

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—(1) Subsection (2) applies where an act is done or an omission is made —(a)by the Chief Public Defender, a Deputy Chief Public Defender, an Assistant Chief Public Defender or a public defender in the exercise or purported exercise of a function under this Act (except the provision of any legal advice or legal representation to an aided accused person in any proceedings to which a Grant of Aid relates);(b)by a solicitor in the exercise or purported exercise of a function under section 4(1)(a) (including, if applicable, in discharging a duty of a solicitor mentioned in section 4(5));(c)by a solicitor who is a member of a board mentioned in section 12(1)(c)(ii) in the exercise or purported exercise of a function to give an opinion whether there are merits to an application under section 12(1)(c) or 20 (including, if applicable, in discharging a duty of a solicitor mentioned in section 4(5)); or(d)by a person authorised by the Minister under section 12(9), in the exercise or purported exercise of the power under section 12(7)(b).(2) No liability shall lie personally against any person mentioned in subsection (1) who did the act or made the omission if the act was done or the omission was made in good faith and with reasonable care.(3) In subsection (1), “function” includes power and duty and “exercise of a function” includes performance of a duty.
Subsection (2) applies where an act is done or an omission is made —(a)by the Chief Public Defender, a Deputy Chief Public Defender, an Assistant Chief Public Defender or a public defender in the exercise or purported exercise of a function under this Act (except the provision of any legal advice or legal representation to an aided accused person in any proceedings to which a Grant of Aid relates);(b)by a solicitor in the exercise or purported exercise of a function under section 4(1)(a) (including, if applicable, in discharging a duty of a solicitor mentioned in section 4(5));(c)by a solicitor who is a member of a board mentioned in section 12(1)(c)(ii) in the exercise or purported exercise of a function to give an opinion whether there are merits to an application under section 12(1)(c) or 20 (including, if applicable, in discharging a duty of a solicitor mentioned in section 4(5)); or(d)by a person authorised by the Minister under section 12(9), in the exercise or purported exercise of the power under section 12(7)(b).
No liability shall lie personally against any person mentioned in subsection (1) who did the act or made the omission if the act was done or the omission was made in good faith and with reasonable care.
In subsection (1), “function” includes power and duty and “exercise of a function” includes performance of a duty.

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s 7Protection from personal liability

(1)

Subsection (2) applies where an act is done or an omission is made —

(a)

by the Chief Public Defender, a Deputy Chief Public Defender, an Assistant Chief Public Defender or a public defender in the exercise or purported exercise of a function under this Act (except the provision of any legal advice or legal representation to an aided accused person in any proceedings to which a Grant of Aid relates);

(b)

by a solicitor in the exercise or purported exercise of a function under section 4(1)(a) (including, if applicable, in discharging a duty of a solicitor mentioned in section 4(5));

(c)

by a solicitor who is a member of a board mentioned in section 12(1)(c)(ii) in the exercise or purported exercise of a function to give an opinion whether there are merits to an application under section 12(1)(c) or 20 (including, if applicable, in discharging a duty of a solicitor mentioned in section 4(5)); or

(d)

by a person authorised by the Minister under section 12(9), in the exercise or purported exercise of the power under section 12(7)(b).

(2)

No liability shall lie personally against any person mentioned in subsection (1) who did the act or made the omission if the act was done or the omission was made in good faith and with reasonable care.

(3)

In subsection (1), “function” includes power and duty and “exercise of a function” includes performance of a duty.