Victorian Numbered Acts

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POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008) - SECT 109

General protection of protected persons

    (1)     A protected person is not liable, whether on the ground of lack of jurisdiction or on any other ground, to any civil or criminal proceedings to which they would have been liable apart from this section in respect of any act purported to be done under this Act unless the act was done in bad faith.

    (2)     Subsection (1) does not apply to an act done in the course of, or that results in, a critical incident.

    (3)     No civil or criminal proceedings may be brought against a protected person in respect of any act of a kind referred to in subsection (1) without the leave of the Supreme Court.

    (4)     The Supreme Court may not give leave unless it is satisfied that there is substantial ground to believe that the person to be proceeded against has acted in bad faith.

    (5)     Without limiting the generality of subsections (1) and (3), no civil or criminal proceeding may be brought against the Director in respect of the giving of a certificate by the Director under section 106, unless the certificate was given in bad faith.

    (6)     Despite anything in this section—

        (a)     an order cannot be issued restraining the Director from carrying out or compelling the Director to carry out any investigation; and

        (b)     a proceeding cannot be brought against the Director seeking the issue of such an order.

    (7)     A protected person cannot be called to give evidence in any court or in any legal proceedings or before the Appeals Board in respect of any matter coming to his or her knowledge in the exercise of functions under this Act.



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