QQ v NSW Ombudsman (EOD) [2012] NSWADTAP 34

QQ v NSW Ombudsman (EOD) [2012] NSWADTAP 34

Section 35A of the Ombudsman Act 1974 conferred immunity on the Ombudsman for acts done in executing statutory functions; as the actions complained of related to such functions and no allegation of bad faith was made, the Tribunal had no power to hear the complaint.

Parties
Appellant: QQ; Respondent: NSW Ombudsman
Jurisdiction
Australia
Judgment Date
27 September 2012
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Appeal dismissed
Legal Topics
Statutory Immunity, Equal Opportunity, Jurisdictional Error, Disability Discrimination
Administrative Law Anti Discrimination Law Statutory Immunity Equal Opportunity Jurisdictional Error Disability Discrimination

Case Brief

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Parties

QQ

Appellant

NSW Ombudsman

Respondent

Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Ombudsman is immune from civil proceedings in respect of actions taken in executing statutory functions
  2. 2 Whether Tribunal has jurisdiction to hear complaint against Ombudsman under Anti-Discrimination Act 1977 given s 35A of Ombudsman Act 1974

Ratio Decidendi

Section 35A of the Ombudsman Act 1974 conferred immunity on the Ombudsman for acts done in executing statutory functions; as the actions complained of related to such functions and no allegation of bad faith was made, the Tribunal had no power to hear the complaint.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed