33Exclusion of liability for disclosures otherwise prohibited

33 Exclusion of liability for disclosures otherwise prohibited

33 Exclusion of liability for disclosures otherwise prohibited

(1) The disclosure of information between the following persons is a protected disclosure if the disclosure is for the exercise of an identity protection function—

(a) a public sector agency and the Secretary,

(b) a law enforcement agency and the Secretary,

(c) another person and the Secretary.

(2) The following applies to a person referred to in subsection (1) who makes or is involved in a protected disclosure—

(a) the person does not incur civil liability, including liability—

(i) for an action for defamation, or

(ii) for breaching a duty of secrecy or confidentiality, or

(iii) for breaching another restriction on disclosure applicable to the person, whether or not imposed by this Act or another law, and

(b) the person does not incur criminal liability, including liability for breaching—

(i) a law or code of conduct imposing a duty of secrecy or confidentiality, or

(ii) another restriction in relation to the disclosure of information, and

(c) the person is not liable to disciplinary action.

(3) Subsection (2) does not apply to a person if the liability arises in relation to the person—

(a) contravening a provision of this Act, or

(b) breaching a contract or agreement that relates to the exercise of an identity protection function to which the Secretary is a party.