[Section 49A heading substituted by section 24 of Notice No. 21, GG 40548, dated 17 January 2017]
The Minister shall be liable for any loss or damage suffered by another person, which arose from an act or omission of an independent assessor as a claim against the State and may not recover such loss from the independent assessor, provided that the independent assessor shall forfeit this cover if he or she, with regard to the act or omission, is liable in law and guilty of the following acts:
| (a) |
Intentionally exceeded his or her powers; |
| (b) |
made use of alcohol or drugs; |
| (c) |
did not act in the course and scope of his or her terms of reference; |
| (d) |
acted recklessly or intentionally; |
| (e) |
without prior consultation with the State Attorney, made an admission that was detrimental to the best interest of higher education; or |
| (f) |
failed to comply with or ignored standing instructions, of which he or she was aware of or could reasonably have been aware of, which led to the loss, damage or reason for the claim, excluding damage arising from the use of a vehicle for official purposes; and |
| (g) |
in the case of a loss, damage or claim arising from the use of a vehicle for official purposes, the independent assessor— |
| (i) |
used the vehicle without authorisation; |
| (ii) |
did not possess a valid driver’s licence or other appropriate licence; |
| (iii) |
did not use the vehicle in the interest of higher education; |
| (iv) |
allowed unauthorised persons to handle the vehicle; or |
| (v) |
deviated materially from the official journey or route without prior authorisation. |
[Section 49A substituted by section 24 of Notice No. 21, GG 40548, dated 17 January 2017]
Special Investigating Units and Special Tribunals Act, 1996
