Commonwealth Consolidated Acts

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PUBLIC SERVICE ACT 1999 - SECT 78A

Immunity from civil proceedings

Commissioner's functions

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

  (a)   the Commissioner;

  (b)   a delegate of the Commissioner;

  (c)   a person acting under the direction or authority of the Commissioner;

  (d)   a Special Commissioner;

  (e)   a member of staff assisting the Commissioner or a Special Commissioner;

in relation to anything done, or omitted to be done, in good faith by the person in connection with the performance or purported performance of functions or duties, or the exercise or purported exercise of powers, conferred by:

  (f)   paragraph   41(2)(j), (k), (m), (n) or (o); or

  (g)   section   41A, 41B, 41C or 41D; or

  (h)   any other provision of this Act or the regulations prescribed by the regulations for the purposes of this paragraph.

Merit Protection Commissioner's functions

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

  (a)   the Merit Protection Commissioner;

  (b)   a delegate of the Merit Protection Commissioner;

  (c)   a person acting under the direction or authority of the Merit Protection Commissioner;

  (d)   a member of staff assisting the Merit Protection Commissioner;

  (e)   a member of a committee established or appointed by the Merit Protection Commissioner under the regulations;

  (f)   any other person prescribed by the regulations for the purposes of this paragraph;

in relation to anything done, or omitted to be done, in good faith by the person in connection with the performance or purported performance of functions or duties, or the exercise or purported exercise of powers, conferred by this Act or the regulations.



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