Victorian Consolidated Legislation

Public Prosecutions Act 1994 - SECT 46

PART 9 MISCELLANEOUS

Immunity

46. Immunity



(1) This section applies to a person who is or has been (whether before or
after the commencement of section 3 of the Public Prosecutions (Amendment) Act
2004)-

   (a)  the Director;

   (b)  the Chief Crown Prosecutor;

   (c)  a Crown Prosecutor;

   (d)  an Associate Crown Prosecutor;

   (e)  the Solicitor for Public Prosecutions;

   (f)  a member of staff employed in the Office of Public Prosecutions in
        connection with the institution, preparation or conduct of any
        proceeding or matter on behalf of the Director;

   (g)  a member of the Committee for Public Prosecutions appointed under
        section 42(2)(d);

   (h)  the Director of Public Prosecutions under the Director of Public
        Prosecutions Act 1982 or a Prosecutor for the Queen holding office
        before the commencement of section 51(3) of this Act under section 352
        of the Crimes Act 1958;

        (i)    a member of staff referred to in section 51(8) employed in
               connection with the institution, preparation or conduct of any
               proceeding or matter on behalf of the Director of Public
               Prosecutions under the Director of Public Prosecutions Act
               1982.



(2) A person to whom this section applies is not personally liable for
anything necessarily or reasonably done or omitted to be done in good faith-

   (a)  in the exercise of a power or the performance of a function or duty
        under, or in connection with, this Act or the Director of Public
        Prosecutions Act 1982; or

   (b)  in the reasonable belief that the act or omission was in the exercise
        of a power or the performance of a function or duty under, or in
        connection with, this Act or the Director of Public Prosecutions Act
        1982.

(3) Any liability resulting from an act or omission that, but for subsection
(2), would attach to a person to whom this section applies attaches instead to
the State.