31XProtections from liability

#### 31X Protections from liability 31X Protections from liability > > (1) Except as provided by this section, a protected person, in relation to protected action taken by the person that is or involves the disclosure of information— > > > > > (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. > > > (2) This section applies to protected action taken at the request of, or in response to a requirement of, the Ombudsman only to the extent that the protected action— > > > > > (a) is relevant to the matter in relation to which the request or requirement is made, or > > > > > (b) constitutes an independent disclosure showing or tending to show serious wrongdoing. > > > (3) This section does not protect a protected person against liability for past conduct of the person that is disclosed by the person while taking protected action. > > > > Note. > > > > Section 31Y permits the Ombudsman to recommend to the Attorney General an undertaking be given in the circumstances described in this subsection. > > > (4) If a person who is not a public official takes protected action that breaches a privilege arising from a legally privileged communication, this section protects the person from the consequences of the breach only to the extent that— > > > > > (a) the protected action was taken to comply with or perform a protected obligation, or > > > > > (b) another provision of this Act protects the person from the consequences of the breach, or > > > > > (c) the privilege was waived by a person having authority to do so. > > > (5) This section does not limit the operation of section 21, 21A or 36. > > > (6) In this section— > > > > public official has the same meaning as in the [Public Interest Disclosures Act 2022](/view/html/inforce/current/act-2022-014). > > **s 31X:** Ins 2022 No 14, Sch 5\[9\].