Freedom of Information Act 1982
PART VIII
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MISCELLANEOUS
Division 2
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General
SECTION 90
Protection against civil liability
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general
90(1)
No action for defamation, breach of confidence or infringement of copyright lies against the Commonwealth, a Minister, an agency or an officer of an agency because the Minister, or an officer of the agency:
(a) publishes a document in good faith, in the belief that the publication is required or permitted under Part II (information publication scheme) or section 11C (publication of information in accessed documents); or
(b) gives access to a document in good faith, in the belief that the access is required or permitted to be given in response to a request; or
(c) publishes, or gives access to, a document in good faith, in the belief that the publication or access is required or permitted otherwise than under this Act (whether or not under an express legislative power).
90(2)
No action for defamation, or breach of confidence, in respect of the publication of a document covered by subsection (3), lies against a person (including the author of the document) because the person supplied the document to a Minister or an agency.
90(3)
The publication of a document is covered by this subsection if:
(a) it is published as mentioned in paragraph (1)(a) or (c); or
(b) its publication is involved in, or results from, the giving of access to the document (or another document) as mentioned in paragraph (1)(b) or (c).
View history note
Hide history noteNo action for defamation, breach of confidence or infringement of copyright lies against the Commonwealth, a Minister, an agency or an officer of an agency because the Minister, or an officer of the agency:
(a) publishes a document in good faith, in the belief that the publication is required or permitted under Part II (information publication scheme) or section 11C (publication of information in accessed documents); or
(b) gives access to a document in good faith, in the belief that the access is required or permitted to be given in response to a request; or
(c) publishes, or gives access to, a document in good faith, in the belief that the publication or access is required or permitted otherwise than under this Act (whether or not under an express legislative power).
90(2)
No action for defamation, or breach of confidence, in respect of the publication of a document covered by subsection (3), lies against a person (including the author of the document) because the person supplied the document to a Minister or an agency.
90(3)
The publication of a document is covered by this subsection if:
(a) it is published as mentioned in paragraph (1)(a) or (c); or
(b) its publication is involved in, or results from, the giving of access to the document (or another document) as mentioned in paragraph (1)(b) or (c).
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