300DProtections from liability for makers of protected disclosures [NSW]

300D Protections from liability for makers of protected disclosures [NSW]

300D Protections from liability for makers of protected disclosures [NSW]

(1) Except as provided by this section, a person making a protected disclosure, in relation to the making of the disclosure—

(a) does not incur civil liability, including liability for breaching a duty of secrecy or confidentiality or another restriction on disclosure applicable to the person, whether or not imposed by an Act; and

(b) does not incur criminal liability, including liability for breaching a law or code of conduct imposing a duty of confidentiality or other restriction in relation to the disclosure of information; and

(c) is not liable to disciplinary action.

Note—

The person making a protected disclosure may also have, in relation to the making of the disclosure, a defence of absolute privilege under the Defamation Act 2005 in proceedings for defamation. See the Defamation Act 2005, Schedule 1, clause 26.

(2) Subsection (1) does not protect a person against liability for past conduct of the person that is disclosed by the person while making a protected disclosure.

s 300D: Ins 2025 No 68, Sch 1[9].