58FProtection of exercise of functions under this Part

#### 58F Protection of exercise of functions under this Part 58F Protection of exercise of functions under this Part > > (1) This section applies to a function (a protected function) conferred or imposed on any of the following persons (protected persons) by or under this Part— > > > > > (a) the Secretary (including a delegate of the Secretary), > > > > > (b) the Commissioner of Police (including a delegate of the Commissioner), > > > > > (c) an approved community housing provider. > > > (2) The exercise by any protected person of any protected function may not be— > > > > > (a) challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings, or > > > > > (b) restrained, removed or otherwise affected by any proceedings. > > > (3) Without limiting subsection (2), that subsection applies whether or not the proceedings relate to any question involving compliance or non-compliance, by a protected person, with the provisions of this Act or the rules of natural justice (procedural fairness). > > > (4) Accordingly, no court of law or administrative review body has jurisdiction or power to consider any question involving compliance or non-compliance, by the protected person, with those provisions or with those rules so far as they apply to the exercise of any protected function. > > > (5) This section has effect despite any provision of this Act or other legislation or any other law (whether written or unwritten). > > > (6) In this section— > > > > exercise of functions includes— > > > > > (a) the purported exercise of functions, and > > > > > (b) the non-exercise or improper exercise of functions, and > > > > > (c) the proposed, apprehended or threatened exercise of functions. > > > > proceedings includes— > > > > > (a) proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, and > > > > > (b) without limiting paragraph (a), proceedings in the exercise of the inherent jurisdiction of the Supreme Court or the jurisdiction conferred by section 23 of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052), > > > > but does not include any investigation or proceedings under the [Independent Commission Against Corruption Act 1988](/view/html/inforce/current/act-1988-035). > > **s 58F:** Ins 2009 No 64, Sch 1 \[1\]. Am 2015 No 58, Sch 3.44 \[2\]; 2018 No 45, Sch 2 \[9\].