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CRIME AND CORRUPTION ACT 2001 - SECT 336
Protection of parliamentary commissioner and officers etc.
336 Protection of parliamentary commissioner and officers etc.
(1) A parliamentary commissioner officer is not civilly liable for an act
done, or omission made, honestly and without negligence under this Act.
(2)
No civil or criminal proceedings may be brought against a
parliamentary commissioner officer for an act mentioned in subsection (1)
without the leave of the Supreme Court.
(3) The Supreme Court may give leave
under subsection (2) only if satisfied there is substantial ground for
claiming that the person to be proceeded against has not acted honestly or has
acted negligently.
(4) If subsection (1) prevents a civil liability attaching
to a parliamentary commissioner officer, the liability attaches instead to the
State.
(5) A parliamentary commissioner officer may not be called to give
evidence or produce any document in any court, or in any judicial proceedings,
in relation to any matter coming to the officer’s knowledge while performing
functions under this Act.
(6) In a proceeding for defamation, there is a
defence of absolute privilege for a publication to or by the parliamentary
commissioner made for the purpose of performing the parliamentary
commissioner’s functions under this Act.
(7) This section does not limit
protection given to a person under another provision of this Act.
(8) In this
section—
"parliamentary commissioner officer" means a person who is or was— (a) the
parliamentary commissioner; or
(b) an officer or employee of the
parliamentary service assigned to the parliamentary commissioner; or
(c) a
person engaged to provide the parliamentary commissioner with services,
information or advice.
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