Queensland fire authority protected from negligence claim

On a daily basis, senior government managers are involved in using legislative powers to regulate industry or intervene in an emergent public interest scenario. There is always a risk the intervention or action may later be considered as negligent, disproportionate or unjustified by those affected by the action. So how do government officials best protect their state and themselves from the risk of litigation?

Most Queensland statutes protect the State and its officials to varying degrees for actions or omissions taken in good faith and/or without gross negligence. The interpretation of these so called "immunity" provisions has received some helpful analysis in the decision of the Queensland Court of Appeal in Hamcor Pty Ltd & Anor v The State of Queensland [2015] QCA 183 (Hamcor).