COURTS AND ADMINISTRATIVE TRIBUNALS (IMMUNITIES) ACT 2008

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NORTHERN TERRITORY OF AUSTRALIA

COURTS AND ADMINISTRATIVE TRIBUNALS (IMMUNITIES) ACT 2008

As in force at 1 May 2016

Table of provisions

1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Immunities for persons exercising judicial powers, powers as

members of administrative tribunals or ancillary powers ................. 2 5 Immunities for witnesses and representatives ................................. 2 6 Non-derogation from other Acts and the common law ..................... 2 7 Regulations ...................................................................................... 3

ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

____________________

As in force at 1 May 2016 ____________________

COURTS AND ADMINISTRATIVE TRIBUNALS (IMMUNITIES) ACT 2008

An Act to confer immunities from civil and criminal liability on members and officers of courts and administrative tribunals and on persons who participate in proceedings before courts and administrative tribunals

1 Short title

This Act may be cited as the Courts and Administrative Tribunals (Immunities) Act 2008.

2 Commencement

This Act commences on the date fixed by the Administrator by Gazette notice.

3 Definitions

In this Act:

act includes an omission.

administrative tribunal means a body or person (other than a court) vested under the law of the Territory with power to conduct a hearing to resolve, or to make recommendations on the resolution of, any administrative, quasi-judicial or other question and includes a body or person classified by regulation as an administrative tribunal but does not include a body or person excluded by regulation from the ambit of this definition.

ancillary officer, of a court or administrative tribunal, means a person (other than a member) who carries out ancillary functions for the court or administrative tribunal.

court means a body or person vested with judicial powers under the law of the Territory.

judicial office means the office of judge or some other office or position under the law of the Territory that carries with it the power to act judicially.

Courts and Administrative Tribunals (Immunities) Act 2008 2

member, of a court or administrative tribunal, means a person who either alone or together with others decides cases that are brought before the court or tribunal for decision.

representative means counsel or other representative for a party, intervenor or other person in proceedings before a court or administrative tribunal and includes a person appointed to assist the court or tribunal itself (i.e. as amicus curiae).

4 Immunities for persons exercising judicial powers, powers as members of administrative tribunals or ancillary powers

(1) A member of a court incurs no civil or criminal liability for an honest act in the exercise, or purported exercise, of:

(a) judicial powers; or

(b) administrative powers assigned to the member in the member's judicial capacity or as the holder of a judicial office.

(2) A member of an administrative tribunal incurs no civil or criminal liability for an honest act in the exercise, or purported exercise, of powers conferred by law on the administrative tribunal or the member.

(3) An ancillary officer of a court or administrative tribunal incurs no civil or criminal liability for an honest act in the exercise, or purported exercise, of powers conferred on the officer.

5 Immunities for witnesses and representatives

(1) A person who participates in proceedings before a court or administrative tribunal as a witness or representative incurs no civil or criminal liability for an honest and temperate statement or act in the course of that participation.

(2) This section does not affect:

(a) a liability to be punished for a contempt; or

(b) a liability to disciplinary proceedings and any consequent penalty.

6 Non-derogation from other Acts and the common law

This Act is in addition to, and does not derogate from, corresponding protections and immunities under other Acts and at common law.

Courts and Administrative Tribunals (Immunities) Act 2008 3

7 Regulations

The Administrator may make regulations under this Act.

ENDNOTES

Courts and Administrative Tribunals (Immunities) Act 2008 4

ENDNOTES

1 KEY

Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced

2 LIST OF LEGISLATION

Courts and Administrative Tribunals (Immunities) Act 2008 (Act No. 17, 2008) Assent date 24 June 2008 Commenced 16 July 2008 (Gaz G28, 16 July 2008, p 3

Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related

Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016)

3 GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: s 1.

4 LIST OF AMENDMENTS

s 3 amd No. 8, 2016, s 45