§ 73 — Protection from personal liability

73.—(1) Subsection (2) applies where an act is done or an omission is made —(a)

by the Guardian-in-Adoption, any authorised adoption agency, any authorised officer, or any person acting under the direction of the Guardian-in-Adoption or an authorised adoption agency —(i)

in the exercise or purported exercise of any function of the Guardian-in-Adoption or any authorised adoption agency or authorised officer under this Act; or

(ii)

in compliance or purported compliance with —(A)

any direction of the Guardian-in-Adoption or any authorised adoption agency under this Act; or

(B)

an order made by a court under this Act;

(b)

by the Director‑General or any protector in the course of preparing or providing a report requested under section 27(3);

(c)

by any person in the course of conducting mediation, counselling, psychotherapy or other assessment, programme or treatment or other activity under section 35 or 45; or

(d)

by any person (being a person appointed by a court or pursuant to an order of a court) in compliance or purported compliance with an order made by a court under section 43 or 57.

(2) No liability shall lie personally against the person 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) No liability shall lie personally against —(a)

any relative or member of a household mentioned in section 19(2)(b), for providing any information or document to the Guardian-in-Adoption or an authorised adoption agency under that provision;

(b)

any person mentioned in section 19(2)(c), for providing any information or document to the Guardian‑in‑Adoption or an authorised adoption agency under that provision;

(c)

any relative or member of a household mentioned in section 29(1)(b), for providing any information to the Guardian‑in‑Adoption or an authorised adoption agency under that provision; or

(d)

any person mentioned in section 29(1)(d), for providing any information to the Guardian‑in‑Adoption or an authorised adoption agency under that provision,

in breach of any rule of law relating to the confidentiality of such information.

(4) In this section, a reference to the exercise of a function includes a reference to the exercise of a power or the performance of a duty.

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

by the Guardian-in-Adoption, any authorised adoption agency, any authorised officer, or any person acting under the direction of the Guardian-in-Adoption or an authorised adoption agency —(i)

in the exercise or purported exercise of any function of the Guardian-in-Adoption or any authorised adoption agency or authorised officer under this Act; or

(ii)

in compliance or purported compliance with —(A)

any direction of the Guardian-in-Adoption or any authorised adoption agency under this Act; or

(B)

an order made by a court under this Act;

(b)

by the Director‑General or any protector in the course of preparing or providing a report requested under section 27(3);

(c)

by any person in the course of conducting mediation, counselling, psychotherapy or other assessment, programme or treatment or other activity under section 35 or 45; or

(d)

by any person (being a person appointed by a court or pursuant to an order of a court) in compliance or purported compliance with an order made by a court under section 43 or 57.

(2) No liability shall lie personally against the person 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) No liability shall lie personally against —(a)

any relative or member of a household mentioned in section 19(2)(b), for providing any information or document to the Guardian-in-Adoption or an authorised adoption agency under that provision;

(b)

any person mentioned in section 19(2)(c), for providing any information or document to the Guardian‑in‑Adoption or an authorised adoption agency under that provision;

(c)

any relative or member of a household mentioned in section 29(1)(b), for providing any information to the Guardian‑in‑Adoption or an authorised adoption agency under that provision; or

(d)

any person mentioned in section 29(1)(d), for providing any information to the Guardian‑in‑Adoption or an authorised adoption agency under that provision,

in breach of any rule of law relating to the confidentiality of such information.

(4) In this section, a reference to the exercise of a function includes a reference to the exercise of a power or the performance of a duty.