OMBUDSMAN ACT 1973 - SECT 29 Protection of the Ombudsman and officers of the Ombudsman
OMBUDSMAN ACT 1973 - SECT 29
Protection of the Ombudsman and officers of the OmbudsmanS. 29(1) amended by Nos 8884 s. 7(a), 30/2016 s. 70(6)(a)(b).
(1) Neither the Ombudsman nor any of the Ombudsman's officers shall be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which the Ombudsman or the officer would have been liable apart from this section in respect of any act purporting to be done in pursuance of this Act, unless the act was done in bad faith.
S. 29(2) amended by Nos 8884 s. 7(b), 30/2016 s. 70(6)(c).
(2) No civil or criminal proceedings shall be brought against the Ombudsman or any of the Ombudsman's officers in respect of any act referred to in subsection (1) without the leave of the Supreme Court, and the Supreme Court shall not give leave unless it is satisfied that there is substantial ground for the contention that the person to be proceeded against has acted in bad faith.
S. 29(3) amended by No. 57/1989 s. 3(Sch. item 143.2), substituted by No. 36/2001 s. 113.
(3) Despite subsections (1) and (2)—
(a) no order shall be made—
S. 29(3)(a)(i) amended by No. 30/2016 s. 70(6)(d).
(i) restraining the Ombudsman from carrying out, or compelling the Ombudsman to carry out, an enquiry to determine whether an investigation should be conducted; or
S. 29(3)(a)(ii) amended by No. 30/2016 s. 70(6)(d).
(ii) restraining the Ombudsman from carrying out, or compelling the Ombudsman to carry out, any investigation; or
S. 29(3)(a)(iii) amended by No. 30/2016 s. 70(6)(d).
(iii) restraining the Ombudsman from making, or compelling the Ombudsman to make a report; or
S. 29(3)(a)(iv) amended by No. 30/2016 s. 70(6)(d).
(iv) restraining the Ombudsman from making, or compelling the Ombudsman to make a recommendation; and
(b) no proceedings shall be brought against the Ombudsman under which the issue of such an order is sought.
S. 29(4) amended by Nos 15/1989 s. 27, 61/1999 s. 20(Sch. item 2), 37/2014 s. 10(Sch. item 119.2), 30/2016 s. 70(6)(e)–(g).
(4) Neither the Ombudsman nor any of the Ombudsman's officers shall be called to give evidence in any court or in any judicial proceedings or before the Police Registration and Services Board in respect of any matter coming to the Ombudsman's or the officer's knowledge in the exercise of functions under this Act.
S. 29A inserted by No. 36/2001 s. 114.