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This is a Bill, not an Act. For current law, see the Acts databases.
COURTS AND ADMINISTRATIVE TRIBUNALS (IMMUNITIES) BILL 2008
Serial 143
Courts
and Administrative Tribunals (Immunities) Bill
2008
Dr
Burns
A Bill for an Act to confer
immunities from civil and criminal liability on members and officers of courts
and administrative tribunals and on persons who participate in proceedings
before courts and administrative tribunals
NORTHERN TERRITORY OF
AUSTRALIA
COURTS AND ADMINISTRATIVE TRIBUNALS
(IMMUNITIES) ACT 2008
____________________
Act No. [ ] of
2008
____________________
TABLE OF PROVISIONS
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2008
____________________
An Act to confer immunities from
civil and criminal liability on members and officers of courts and
administrative tribunals and on persons who participate in proceedings before
courts and administrative tribunals
[Assented to [ ]
2008]
[Second reading [ ]
2008]
The Legislative Assembly of the Northern
Territory enacts as follows:
This Act may be cited as the Courts and
Administrative Tribunals (Immunities) Act 2008.
This Act commences on the date fixed by the
Administrator by Gazette notice.
In this Act:
act includes an
omission.
administrative tribunal means a body
or person (other than a court) vested under the law of the Territory with power
to conduct a hearing to resolve, or to make recommendations on the resolution
of, any administrative, quasi-judicial or other question and includes a body or
person classified by regulation as an administrative tribunal but does not
include a body or person excluded by regulation from the ambit of this
definition.
ancillary officer, of a court or
administrative tribunal, means a person (other than a member) who carries out
ancillary functions for the court or administrative tribunal.
court means a body or person vested
with judicial powers under the law of the Territory.
judicial office means the office of
judge or magistrate or some other office or position under the law of the
Territory that carries with it the power to act judicially.
member, of a court or administrative
tribunal, means a person who either alone or together with others decides cases
that are brought before the court or tribunal for decision.
representative means counsel or other
representative for a party, intervenor or other person in proceedings before a
court or administrative tribunal and includes a person appointed to assist the
court or tribunal itself (i.e. as amicus curiae).
Immunities for persons exercising judicial
powers, powers as members of administrative tribunals or ancillary
powers
(1) A member of a court incurs no civil or criminal
liability for an honest act in the exercise, or purported exercise,
of:
(a) judicial powers; or
(b) administrative powers assigned to the member in
the member's judicial capacity or as the holder of a judicial
office.
(2) A member of an administrative tribunal incurs
no civil or criminal liability for an honest act in the exercise, or purported
exercise, of powers conferred by law on the administrative tribunal or the
member.
(3) An ancillary officer of a court or
administrative tribunal incurs no civil or criminal liability for an honest act
in the exercise, or purported exercise, of powers conferred on the
officer.
Immunities for witnesses and
representatives
(1) A person who participates in proceedings before
a court or administrative tribunal as a witness or representative incurs no
civil or criminal liability for an honest and temperate statement or act in the
course of that participation.
(2) This section does not affect:
(a) a liability to be punished for a contempt;
or
(b) a liability to disciplinary proceedings and any
consequent penalty.
Non-derogation from other Acts and the common
law
This Act is in addition to, and does not derogate
from, corresponding protections and immunities under other Acts and at common
law.
The Administrator may make regulations under this
Act.
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