12AImmunity from civil action

12A Immunity from civil action (1) No civil action lies against any person who is or has been the Chief Commissioner or a delegate of the Chief Commissioner in respect of— (a) a key witness protection decision taken by the person in their capacity as the Chief Commissioner or a delegate of the Chief Commissioner; or (b) any act, matter or thing done by the person in their capacity as the Chief Commissioner or a delegate of the Chief Commissioner in the process of making a key witness protection decision. (2) For the purposes of subsection (1), a ***key witness protection decision*** means— (a) a decision whether or not to include a witness in the Victorian witness protection program under section 3B; or (b) a decision whether or not to provide alternative protection arrangements to a witness under section 9P; or (c) a decision relating to the giving of interim protection to a person under Division 2 or authorising the person to acquire and use an assumed identity under Division 3; or (d) a decision relating to the suspension or termination of witness protection and assistance under Division 5, including— (i) the restoration of a person's former identity; and (ii) applying for an order under section 20A(2) in relation to children of participants, or former participants, who have no former identity. (3) No civil action lies against any of the following persons in respect of any act, matter or thing done by that person in the course of the person's duties carried out in accordance with this Act— (a) the Registrar; (b) a person employed or appointed under section 40 of the **Registration of Births Deaths and Marriages Act 1959**; (c) a person appointed or employed under section 7 of the **Births, Deaths and Marriages Registration Act 1996**. See also Division 8 of Part 4 of the **Victoria Police Act 2013** which provides immunity for police officers in certain circumstances in relation to acts done or omitted to be done in the course of the police officer's duty. S. 12B inserted by No. 34/2016 s. 16.