NSWIn ForceAct
Housing Act 2001
58FProtection of exercise of functions under this Part
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#### 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—
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> > > (a) the Secretary (including a delegate of the Secretary),
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> > > (b) the Commissioner of Police (including a delegate of the Commissioner),
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> > > (c) an approved community housing provider.
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> > (2) The exercise by any protected person of any protected function may not be—
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> > > (a) challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings, or
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> > > (b) restrained, removed or otherwise affected by any proceedings.
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> > (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).
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> > (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.
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> > (5) This section has effect despite any provision of this Act or other legislation or any other law (whether written or unwritten).
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> > (6) In this section—
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> > exercise of functions includes—
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> > > (a) the purported exercise of functions, and
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> > > (b) the non-exercise or improper exercise of functions, and
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> > > (c) the proposed, apprehended or threatened exercise of functions.
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> > proceedings includes—
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> > > (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
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> > > (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),
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> > 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 \[9\].