Gambling Act 2003

Institutions - Gambling Commission

225A: Protection of Gambling Commission and Department

You could also call this:

"Keeping Gambling Commissioners and staff safe from lawsuits when doing their job"

Illustration for Gambling Act 2003

If you are the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission under section 228, you are protected from being liable for certain acts or omissions. You are not liable just because you are in one of these roles. You are also not liable for acts or omissions you do in good faith while performing your duties, unless you do something in bad faith.

The Secretary can help you with costs you incur in a proceeding related to your duties if you act in good faith. The Secretary can also arrange insurance to cover you for certain liabilities and costs.

When this section talks about the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services, it includes people who used to be in these roles under section 228. Effect insurance and indemnify have the same meanings as in section 294.

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Part 3Institutions
Gambling Commission

225AProtection of Gambling Commission and Department

  1. The Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission under section 228 is not liable—

  2. for any act or omission by reason only of being the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing those services; or
    1. for any act or omission by him or her, in the performance or intended performance of the Gambling Commission’s functions, unless done in bad faith.
      1. The Secretary may indemnify the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission under section 228 for costs incurred by him or her in a proceeding that relates to acts or omissions by him or her in good faith in the performance or intended performance of the Gambling Commission’s functions.

      2. The Secretary may effect insurance for the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission under section 228 in relation to—

      3. liability (other than criminal liability) for any act or omission in the performance or intended performance of the Gambling Commission’s functions; and
        1. costs incurred in any proceeding relating to that liability or in any criminal proceedings.
          1. In this section,—

          2. references to the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission include references to a former Chief Gambling Commissioner, a former Gambling Commissioner, and a person who formerly provided services to the Gambling Commission under section 228:
            1. effect insurance and indemnify have the same meanings as in section 294.
              Notes
              • Section 225A: inserted, on , by section 88 of the Gambling Amendment Act 2015 (2015 No 3).