Protection of Commissioner and officers
30 Protection of Commissioner and officers
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.
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.
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.
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: No. 124 of 1984 s. 10; No. 74 of 2003 s. 91(17)‑(19).]
30A. Protection of complainants etc.
A person is not liable to any civil proceedings in respect of —
making a complaint under this Act; or
providing information in the course of, or for the purpose of, an investigation under this Act; or
providing information about the death of a child for the purposes of Part III Division 3A.
Subsection (1) does not apply if the complaint was made, or the information was provided, in bad faith.
No civil proceedings shall be brought against a person in respect of an act referred to in subsection (1)(a), (b) or (c) 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.
[Section 30A inserted: No. 78 of 1996 s. 17; amended: No. 10 of 2009 s. 9.]
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.