Courts And Administrative Tribunals (Immunities) Act 2008 (NT)

NORTHERN TERRITORY OF AUSTRALIA

COURTS AND ADMINISTRATIVE TRIBUNALS (IMMUNITIES) ACT 2008

As in force at 1 May 2016

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Short title2 — Commencement3 — Definitions4 — Immunities for persons exercising judicial powers, powers as members of administrative tribunals or ancillary powers5 — Immunities for witnesses and representatives6 — Non-derogation from other Acts and the common law7 — RegulationsENDNOTES northern territory of australia

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

1Short title

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

2Commencement

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

3Definitions

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.

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).

4Immunities 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.

5Immunities 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.

  6Non-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.

7Regulations

The Administrator may make regulations under this Act.

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