Western Australian Current Acts Western Australian Current 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: No. 124 of 1984 s. 10; No. 74
of 2003 s. 91(17)-(19).]