Part 6 Liability in respect of community service work
In relation to community service work performed under a children’s community service order, a reference in this Part to a person for whom community service work is performed includes any person (including a corporation):(a) for whose benefit the community service work is performed, or(b) who directs or supervises the community service work, specifies its terms or conditions or controls it, or(c) who owns or occupies the premises or land on which the community service work is performed.
26C Act or omission of offender engaged in community service work
(1) No act or omission of a person that occurs in the course of the person’s performance of community service work under a children’s community service order gives rise to any civil liability on the part of the person for whom the community service work is performed.(2) A civil action that would, but for subsection (1), lie against the person for whom the community service work is performed lies instead against the Crown.(3) Subsections (1) and (2) do not have effect if:(a) the community service work concerned was not community service work approved by the Director-General, or(b) the act or omission concerned was, or was a necessary part of, an act or omission that was expressly required by the person for whom the community service work was performed but was neither approved nor required by the Director-General.
26D Act or omission of supervisor of community service work
(1) No act or omission of a person for whom community service work is performed under a children’s community service order gives rise to any civil liability on the part of the person to the person who performs that community service work if the act or omission occurs in the course of that community service work.(2) A civil action that would, but for subsection (1), lie against the person for whom the community service work is performed lies instead against the Crown.(3) Subsections (1) and (2) do not have effect if:(a) the community service work concerned was not community service work approved by the Director-General, or(b) the act or omission concerned was, or was a necessary part of, an act or omission intended to cause injury, loss or damage.
26F Disclosure of material facts about health
(1) A person in respect of whom a children’s community service order is in force has, while the order is in force, a duty to disclose as soon as possible to the person’s assigned officer:(a) any condition of the person that is a condition to which this section applies, or(b) any substantial change in that condition.(2) A person’s condition to which this section applies is any medical, physical or mental condition of the person of which the person is aware and that the person is aware substantially increases the risk to the person of injury in performing community service work of any kind.
The Director-General may, on behalf of the Crown, settle any action that lies against the Crown because of this Part. The Director-General may do so on such terms as he or she thinks fit.