140Protections and immunities

140 Protections and immunities

[Section 140 Inserted by No. 17 of 2021, s. 18, Applied:05 Nov 2021]

(1)  A member of the Tribunal has, in the performance and exercise of the functions and powers of a member of the Tribunal, the same protection and immunities as a judge of the Supreme Court.

(2)  A member of the staff of the Tribunal and any person acting under the direction of the Tribunal, a member of the Tribunal or a member of the staff of the Tribunal incurs no civil or criminal liability for an act, or omission, done, or omitted to be done, in good faith in performing or exercising, or purportedly performing or exercising, any function or power under this Act or a relevant Act or in the administration or execution, or purported administration or execution, of this Act or a relevant Act.

(3)  This section does not affect the operation of section 72 of the Public Trustee Act 1930 .

(4)  A person representing a party to proceedings before the Tribunal has the same protection and immunity as a legal practitioner has in representing a party in proceedings in the Supreme Court.

(5)  A party to proceedings before the Tribunal has the same protection and immunity as a party to proceedings in the Supreme Court.

(6)  A person who appears as a witness before the Tribunal or produces books, papers or documents to the Tribunal has the same protection as a witness in proceedings before the Supreme Court.

(7)  A person who –

(a) is taking evidence on behalf of the Tribunal; or

(b) is specified by the Tribunal under section 102 as the person presiding over an alternative dispute resolution process and who is presiding over that process under this Act; or

(c) is an expert acting for, or providing advice to, the Tribunal –

has, in doing so, the same protections, privileges and immunities as a member of the Tribunal.