Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011 (3 of 2011)

Schedule 3   Director of Public Prosecutions Act 1983

9   After section 32

Insert:

32A Immunity from civil proceedings

(1) No civil action, suit or proceeding lies against the following persons:

(a) the Director;

(b) a member of the staff of the Office;

(c) a person to whom functions or powers are delegated under section 31;

in relation to an act done, or omitted to be done, in good faith by the person in the performance or exercise, or the purported performance or exercise, of any function, duty or power under, or in relation to, this Act.

(2) No civil action, suit or proceeding lies against a person employed under subsection 27(3) in relation to an act done, or omitted to be done, in good faith by the person for the purposes of the performance of the functions of the Director.

Note: Subsection (1) applies to the extent that the Director's functions or powers are delegated to a person employed under subsection 27(3).

(3) No civil action, suit or proceeding lies against a person referred to in section 29 whose services are made available to the Director in relation to an act done, or omitted to be done, in good faith by the person for the purpose of assisting the Director.

Note: Subsection (1) applies to the extent that the Director's functions or powers are delegated to a person referred to in section 29 whose services are made available to the Director.

(4) No civil action, suit or proceeding lies against the AGS in relation to an act done, or omitted to be done, in good faith by the AGS in performing a function or exercising a power under an arrangement made under subsection 32(1).

(5) No civil action, suit or proceeding lies against:

(a) the Chief Executive Officer of the AGS; or

(b) a person employed under subsection 55ZB(1) of the Judiciary Act 1903;

in relation to an act done, or omitted to be done, in good faith by the person in assisting the AGS to perform a function or exercise a power under an arrangement made under subsection 32(1) of this Act.

(6) In subsections (4) and (5):

AGS has the meaning given by subsection 32(4).