33Protection of Ombudsman and officers

33 Protection of Ombudsman and officers

(1)  [Section 33 Subsection (1) amended by No. 33 of 2005, s. 19, Applied:11 Jul 2005] [Section 33 Subsection (1) amended by No. 20 of 1998, Sched. 1, Applied:19 Jun 1998] The Ombudsman, an officer of the Ombudsman or a conciliator is not liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act purporting to be done or omitted under this or any other Act unless the act was done or omitted in bad faith.

(2)  [Section 33 Subsection (2) amended by No. 33 of 2005, s. 19, Applied:11 Jul 2005] No civil or criminal proceedings shall be brought against the Ombudsman, an officer of the Ombudsman or a conciliator in respect of an act or omission to act referred to in subsection (1) without the leave of the Supreme Court, and the Supreme Court shall not give leave under this subsection unless it is satisfied that there is substantial ground for the contention that the person to be proceeded against has acted or omitted to act in bad faith.

(3)  [Section 33 Subsection (3) amended by No. 20 of 1998, Sched. 1, Applied:19 Jun 1998] [Section 33 Subsection (3) substituted by No. 54 of 2000, Sched. 4, Applied:01 Dec 2001] An injunction is not to be issued, and an order of review is not to be made under the Judicial Review Act 2000 , restraining the Ombudsman from carrying out, or compelling the Ombudsman to carry out, any investigation under this or any other Act.