17Commissioner and staff members not liable

17 Commissioner and staff members not liable (1) The Commissioner, a staff member or a delegate of the Commissioner is not liable, whether on the grounds of want of jurisdiction or any other ground, to civil or criminal proceedings (other than proceedings by way of judicial review) in respect of any act done or purported to be done under this Act or an authority under this Act unless the act was done in bad faith. (2) No civil or criminal proceedings may be brought against the Commissioner, a staff member or a delegate of the Commissioner in respect of an act mentioned in subsection (1) without the leave of the Supreme Court. (3) The Supreme Court must not give leave unless it is satisfied that there is substantial ground for the contention that the person to be proceeded against has acted in bad faith. (4) Subject to this Act, the Commissioner, a staff member or a delegate of the Commissioner cannot be called to give evidence or produce a document in a court or in proceedings of a judicial nature in respect of any matter coming to his or her knowledge in the exercise of his or her powers or the performance of his or her functions under this Act. (5) In an application for judicial review, access to evidence or documents held by the Commissioner, a staff member or a

Health and Community Services Complaints Act 1998 11 delegate of the Commissioner is subject to the terms and conditions that the Court thinks fit to protect the confidentiality of the evidence or document as is envisaged and provided for under this Act. (6) A person who is or has been the Commissioner, a staff member or a delegate of the Commissioner is entitled to be indemnified by the Territory against liability or costs incurred in contesting an action, claim or demand brought or made in respect of an act done or omitted to be done, in good faith, in exercising or performing, or purportedly exercising or performing, his or her powers or functions under this Act.