OMBUDSMAN ACT 1974 - SECT 35A
Immunity of Ombudsman and others
OMBUDSMAN ACT 1974 - SECT 35A
Immunity of Ombudsman and others
35A Immunity of Ombudsman and others
(1) The Ombudsman shall not, nor shall an officer of the Ombudsman, be liable,
whether on the ground of want of jurisdiction or on any other ground, to any
civil or criminal proceedings in respect of any act, matter or thing done or
omitted to be done for the purpose of executing this or any other Act unless
the act, matter or thing was done, or omitted to be done, in bad faith.
(2)
Civil or criminal proceedings in respect of any act or omission referred to in
subsection (1) shall not be brought against the Ombudsman or an officer of the
Ombudsman without the leave of the Supreme Court.
(3) The Supreme Court shall
not grant leave under subsection (2) unless it is satisfied that there is
substantial ground for the contention that the person to be proceeded against
has acted, or omitted to act, in bad faith.
(4) An Australian legal
practitioner assisting the Ombudsman or representing a person at an inquiry
held by the Ombudsman has the same protection and immunity as a barrister has
in appearing for a party in proceedings in the Supreme Court.
