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Contents (2012 - 51)
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Child Protection (Working with Children) Act 2012 No 51
Current version for 25 August 2017 to date (accessed 21 September 2017 at 22:25)
Part 7 Section 43
43   Protection of persons relating to child-related work
(1)  Anything done or omitted to be done by a person in good faith and with reasonable care:
(a)  for the purpose of the determination of an application for a working with children check clearance or an assessment of the holder of a clearance, or
(b)  for the purpose of exercising a function under this Act,
does not subject the person to any action, liability, claim or demand.
(2)  Without limiting subsection (1):
(a)  a person has qualified privilege in proceedings for defamation in respect of anything done or omitted to be done by the person for the purposes of the determination of an application for a clearance or an assessment or otherwise exercising a function under this Act, and
(b)  damages or compensation (whether for breach of contract or otherwise) are not payable in respect of a decision not to grant a clearance or to cancel a clearance, or to impose an interim bar, as a result of an assessment carried out in good faith and with reasonable care for the purposes of this Act or a review application.
(3)  This section does not limit or affect any other right, privilege or immunity that a person has as a defendant in any proceedings.