Reprinted as at 1 December 2020 Children’s Commissioner Act 2003 Part 2 s 27 (2) An application under subsection (1) is dealt with in accordance with the applicable rules of court governing the inspection of court records. (3) This section does not limit— 25 (a) section 15; or (b) any other enactment that— (i) enables the Commissioner to access court records; or (ii) restricts access to court records. Commissioner must not make adverse comment unless opportunity to be heard is given Despite anything in this Act or the Crown Entities Act 2004, the Commissioner must not, in any report or statement made under this Act, make any comment that is adverse to a person if the Commissioner has not given the person an opportunity to be heard. Compare: 1989 No 24 s 414 Section 25: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115). 26 Commissioner may regulate procedure for investigations The Commissioner may regulate the procedure for any investigation under this Act in any manner, not inconsistent with this Act, that the Commissioner thinks fit. Immunities and privileges 27 Proceedings privileged (1) [Repealed] (2) No civil or criminal proceedings may be brought against the officeholder or a former officeholder or against a person who is or has been an employee of the Commissioner for anything done or omitted in the course of the exercise or intended exercise of functions under this Act unless it is shown that the person concerned acted in bad faith. (3) Neither the officeholder nor a former officeholder nor a person who is or has been an employee of the Commissioner may be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything that comes to the knowledge of the person concerned in the exercise of functions or powers under this Act. (4) Nothing in subsection (2) or subsection (3) applies in respect of proceedings for— (a) an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or 13

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