Justice and Other Information Disclosure Act 2008
sec.16Protection from liability
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sec.16 Protection from liability
This section applies if a person, acting honestly, makes information available under section 6C or 6D or an arrangement mentioned in section 13 . The person is not liable, civilly, criminally or under an administrative process, for making the information available. Also, merely because the person makes the information available, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct. Without limiting subsections (2) and (3) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by making the information available; and is not liable to disciplinary action for making the information available. s 16 amd 2017 No. 41 s 29 (sec.16-ssec.1) This section applies if a person, acting honestly, makes information available under section 6C or 6D or an arrangement mentioned in section 13 . (sec.16-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for making the information available. (sec.16-ssec.3) Also, merely because the person makes the information available, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct. (sec.16-ssec.4) Without limiting subsections (2) and (3) — in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— does not contravene the Act , oath or rule of law or practice by making the information available; and is not liable to disciplinary action for making the information available.
- (a) breached any code of professional etiquette or ethics; or
- (b) departed from accepted standards of professional conduct.
- (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and
- (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act , oath or rule of law or practice by making the information available; and (ii) is not liable to disciplinary action for making the information available.
- (i) does not contravene the Act , oath or rule of law or practice by making the information available; and
- (ii) is not liable to disciplinary action for making the information available.