Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Neither the
Commissioner, the Deputy Commissioner nor any member of the
Commissioner’s staff is 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 Commissioner, the Deputy
Commissioner or any member of the Commissioner’s staff in respect of any
such act as is 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 compelling the Commissioner to carry out any investigation,
and no proceedings shall be brought against the Commissioner whereby the
issue of such a writ is sought.
(4) Except as required
for the purpose of proceedings referred to in section 23(1)(b), neither
the Commissioner, the Deputy Commissioner nor any member of the
Commissioner’s staff shall be called to give evidence or produce any
document in any court, or in any judicial proceedings, in respect of any
matter coming to his knowledge in the exercise of his functions under this
Act.
[Section 30 amended by No. 124 of 1984
s. 10; No. 74 of 2003 s. 91(17)-(19).]