QQ v NSW Ombudsman (EOD)

The case before the court involved a dispute between QQ, the appellant, and the NSW Ombudsman, the respondent. The crux of the matter was a complaint filed by QQ against the Ombudsman, alleging discriminatory practices. The dispute centred on the Ombudsman's statutory immunity from suit and the extent to which this immunity shielded the Ombudsman from liability in the face of QQ's complaint. The matter was heard in the court of appeal.

The central legal issues before the court were the interpretation and scope of statutory immunity granted to the Ombudsman under the Ombudsman Act 1974, specifically section 35A. The court was tasked with determining whether this immunity precluded QQ's complaint of discrimination from being heard and whether the Ombudsman was immune from legal proceedings in respect of such complaints.

The court meticulously examined the language of section 35A of the Ombudsman Act 1974, concluding that the immunity provisions were designed to protect the Ombudsman from liability in the performance of their statutory functions. The court held that the immunity extended to actions brought against the Ombudsman for acts done in good faith within the scope of their duties, including handling complaints. Consequently, the court found that QQ's complaint did not fall outside the protective umbrella of the Ombudsman's statutory immunity. The appeal was thus dismissed.