❓ Question regarding insurance coverage for government and private entities involved in fisheries operations under specific codes. The Minister deflects, citing legal advice limitations, but offers a qualified response and further investigation.
AnsweredQoN 749Legislative Council
QuestionView source ↗
My question follows on from the previous question, so I am sure that it will not embarrass the minister. If an unfortunate mishap occurred under these circumstances, would the employees and the boats of both the government utility and the private enterprise be 100 per cent covered by insurance? Hon KIM CHANCE
AnswerView source ↗
I think that is a request for legal advice, and I am not competent to give that legal advice. However, to the extent that I am able to attempt to answer the question, I believe that I can say that as a result of operations being required to be carried out under a code, and to the extent that they were permitted activities within the limits of that protocol, both fisheries and police officers would be covered by the normal indemnities that apply to the lawful carrying out of their duties. Similarly, I would expect that the same protection that applies to third parties influenced by the activities of a lawfully carried out act by a fisheries or police officer would also apply. I am perhaps going beyond my capacity to advise. If the member wishes, I will have that matter checked and report to him on it.
Hon KIM CHANCE replied: I think that is a request for legal advice, and I am not competent to give that legal advice. However, to the extent that I am able to attempt to answer the question, I believe that I can say that as a result of operations being required to be carried out under a code, and to the extent that they were permitted activities within the limits of that protocol, both fisheries and police officers would be covered by the normal indemnities that apply to the lawful carrying out of their duties. Similarly, I would expect that the same protection that applies to third parties influenced by the activities of a lawfully carried out act by a fisheries or police officer would also apply. I am perhaps going beyond my capacity to advise. If the member wishes, I will have that matter checked and report to him on it.
I think that is a request for legal advice, and I am not competent to give that legal advice. However, to the extent that I am able to attempt to answer the question, I believe that I can say that as a result of operations being required to be carried out under a code, and to the extent that they were permitted activities within the limits of that protocol, both fisheries and police officers would be covered by the normal indemnities that apply to the lawful carrying out of their duties. Similarly, I would expect that the same protection that applies to third parties influenced by the activities of a lawfully carried out act by a fisheries or police officer would also apply. I am perhaps going beyond my capacity to advise. If the member wishes, I will have that matter checked and report to him on it.
Hon KIM CHANCE replied: I think that is a request for legal advice, and I am not competent to give that legal advice. However, to the extent that I am able to attempt to answer the question, I believe that I can say that as a result of operations being required to be carried out under a code, and to the extent that they were permitted activities within the limits of that protocol, both fisheries and police officers would be covered by the normal indemnities that apply to the lawful carrying out of their duties. Similarly, I would expect that the same protection that applies to third parties influenced by the activities of a lawfully carried out act by a fisheries or police officer would also apply. I am perhaps going beyond my capacity to advise. If the member wishes, I will have that matter checked and report to him on it.
I think that is a request for legal advice, and I am not competent to give that legal advice. However, to the extent that I am able to attempt to answer the question, I believe that I can say that as a result of operations being required to be carried out under a code, and to the extent that they were permitted activities within the limits of that protocol, both fisheries and police officers would be covered by the normal indemnities that apply to the lawful carrying out of their duties. Similarly, I would expect that the same protection that applies to third parties influenced by the activities of a lawfully carried out act by a fisheries or police officer would also apply. I am perhaps going beyond my capacity to advise. If the member wishes, I will have that matter checked and report to him on it.
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