sec.120Whistleblowers’ protection

sec.120 Whistleblowers’ protection

A person is not liable, civilly, criminally or under an administrative process, for disclosing to the Minister or chief executive information about a person’s conduct that breaches this Act, a benefit sharing agreement or a subsequent use agreement. Without limiting subsection (1) — in a proceeding for defamation, the discloser has a defence of absolute privilege for publishing the disclosed information; and if the discloser would otherwise be required to maintain confidentiality about the disclosed information under an Act , oath, rule of law or practice, the discloser— does not contravene the Act , oath, rule of law or practice for disclosing the information; and is not liable to disciplinary action for disclosing the information. A person’s liability for the person’s own conduct is not affected only because the person discloses it to the Minister or chief executive. s 120 amd 2017 No. 35 s 16 ; 2020 No. 27 s 30 (sec.120-ssec.1) A person is not liable, civilly, criminally or under an administrative process, for disclosing to the Minister or chief executive information about a person’s conduct that breaches this Act, a benefit sharing agreement or a subsequent use agreement. (sec.120-ssec.2) Without limiting subsection (1) — in a proceeding for defamation, the discloser has a defence of absolute privilege for publishing the disclosed information; and if the discloser would otherwise be required to maintain confidentiality about the disclosed information under an Act , oath, rule of law or practice, the discloser— does not contravene the Act , oath, rule of law or practice for disclosing the information; and is not liable to disciplinary action for disclosing the information. (sec.120-ssec.3) A person’s liability for the person’s own conduct is not affected only because the person discloses it to the Minister or chief executive.

• (a) in a proceeding for defamation, the discloser has a defence of absolute privilege for publishing the disclosed information; and
• (b) if the discloser would otherwise be required to maintain confidentiality about the disclosed information under an Act , oath, rule of law or practice, the discloser— (i) does not contravene the Act , oath, rule of law or practice for disclosing the information; and (ii) is not liable to disciplinary action for disclosing the information.
• (i) does not contravene the Act , oath, rule of law or practice for disclosing the information; and
• (ii) is not liable to disciplinary action for disclosing the information.
• (i) does not contravene the Act , oath, rule of law or practice for disclosing the information; and
• (ii) is not liable to disciplinary action for disclosing the information.