108Compensation for loss or damage to personal property

1. Subject to subsections (3) and (4), every member of a Civil Defence Emergency Management Group, and any other person who carries out civil defence emergency management under the direction of the Director or a Civil Defence Emergency Management Group or a Controller or a Recovery Manager, and who suffers loss of or damage to his or her personal property occasioned by the exercise or performance of work or duties arising from a state of emergency or a transition period is entitled to receive compensation equal to—

2. the value of any personal property that has been lost; or
3. the diminution in value of any personal property that has been damaged.

4. Subsection (1) may, at the discretion of the Minister, be applied to any person who is not a person referred to in that subsection.

5. Subsection (1) does not apply to any loss of or damage to property to the extent to which that loss or damage is covered by a contract of insurance.

6. A person is not entitled to receive any compensation under subsection (1) to the extent to which the person has recovered, or, having regard to the circumstances of the case, may reasonably be expected to recover, any damages, compensation, or ex gratia payment for the loss or damage.

7. Any compensation payable under subsection (1) must be paid by—

8. the Crown if the person entitled to the payment was, at the time of the loss or damage, carrying out civil defence emergency management under the control of the Director, the National Controller, or the National Recovery Manager or any person acting under the authority of the Director, the National Controller, or the National Recovery Manager:
9. the Civil Defence Emergency Management Group if the person entitled to the payment was, at the time of the loss or damage, carrying out civil defence emergency management under the control of—
   1. the Civil Defence Emergency Management Group; or
   2. the Group Controller appointed by the Civil Defence Emergency Management Group; or
   3. a Recovery Manager; or
   4. any person acting under the authority of the Civil Defence Emergency Management Group, the Group Controller, or a Group Recovery Manager appointed by the Group.

10. If there is any dispute as to the entitlement of any person to compensation under this section, or as to the amount of the compensation, or as to the liability of the Crown or any Civil Defence Emergency Management Group to pay the compensation, the matter may be determined by a court of competent jurisdiction.

11. A payment of compensation by the Crown under this section must be made out of public money appropriated by Parliament for the purpose.

12. Despite anything to the contrary in the Social Security Act 2018, nothing in this section may be construed as to in any way limit or affect the entitlement of any person to any benefit under that Act.