Victorian Consolidated Legislation

Ombudsman Act 1973 - SECT 29

Protection of the Ombudsman and officers of the Ombudsman

29. Protection of the Ombudsman and officers of the Ombudsman



(1) Neither the Ombudsman nor any of his 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 he 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.

(2) No civil or criminal proceedings shall be brought against the Ombudsman or
any of his 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.

(3) Despite subsections (1) and (2)-

   (a)  no order shall be made-

   (i)  restraining the Ombudsman from carrying out, or compelling him to
        carry out, an enquiry to determine whether an investigation should be
        conducted; or

   (ii) restraining the Ombudsman from carrying out, or compelling him to
        carry out, any investigation; or

   (iii) restraining the Ombudsman from making, or compelling him to make a
        report; or

   (iv) restraining the Ombudsman from making, or compelling him to make a
        recommendation; and

   (b)  no proceedings shall be brought against the Ombudsman under which the
        issue of such an order is sought.

(4) Neither the Ombudsman nor any of his officers shall be called to give
evidence in any court or in any judicial proceedings or before the Police
Appeals Board in respect of any matter coming to his knowledge in the exercise
of his functions under this Act.