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 ,