Northern Territory Consolidated Acts

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OMBUDSMAN (NORTHERN TERRITORY) ACT - SECT 31

Protection of Ombudsman and staff

31. Protection of Ombudsman and staff

(1) The Ombudsman, an employee within the meaning of the Public Sector Employment and Management Act , a delegate of the Ombudsman or a person authorized by the Ombudsman is not liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act done or purporting to be done under this or another Act, unless the act was done in bad faith.

(2) No civil or criminal proceedings shall be brought against the Ombudsman, an employee within the meaning of the Public Sector Employment and Management Act , a delegate of the Ombudsman or a person authorized by the Ombudsman in respect of an act referred to in subsection (1) without the leave of the Supreme Court, and the Supreme Court shall not give leave under this section unless it is satisfied that there is substantial ground for the contention that the person to be proceeded against has acted in bad faith.

(3) Notwithstanding anything in the foregoing provisions of this section no prerogative writ shall be issued nor any application for an order of review granted restricting the Ombudsman from carrying out, or compelling him to carry out any investigation, and no proceedings shall be brought against the Ombudsman whereby the issue of such a writ or the granting of such an order of review is sought.

(4) The Ombudsman, an employee within the meaning of the Public Sector Employment and Management Act , a delegate of the Ombudsman or a person authorized by the Ombudsman is not to be called to give evidence or produce any document in any court of law, or in any proceedings of a judicial nature, in respect of any matter coming to his knowledge in the exercise of his powers, functions and duties under this or another Act.



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