30. Protection of Commissioner and officers

    (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 by No. 124 of 1984 s. 10; No. 74 of 2003 s. 91(17)-(19).]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.